Wellington City Council
Standing Orders
For Meetings of Council, Committees and Subcommittees
Updated April 2015
PDWCC93817
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CONTENTS
Page
PART 1 GENERAL
1
1.1
Scope and general ....................................................................................................... 1
1.2
Interpretation ................................................................................................................ 1
1.3
Definitions .................................................................................................................... 1
PART 2 CONSTITUTIONAL AND LEGISLATIVE MATTERS
4
2.1
Introduction .................................................................................................................. 4
2.2
Appointment of Deputy Mayor ..................................................................................... 4
2.3
First meeting of the local authority following election .................................................. 4
2.4
Chairperson of meetings .............................................................................................. 6
2.5
Quorum at meetings .................................................................................................... 6
2.6
Voting at meetings ....................................................................................................... 7
2.7
Voting systems for certain appointments ..................................................................... 8
2.8
Appointment of committees and other subordinate decision-making bodies .............. 8
2.9
Joint committees ........................................................................................................ 10
2.10
Appointment of chairperson of a committee .............................................................. 10
2.11
Membership of committees and subcommittees ....................................................... 11
2.12
Powers of delegation ................................................................................................. 11
2.13
Proceedings not invalidated by vacancies or irregularities ........................................ 13
2.14
General provisions as to meetings ............................................................................ 13
2.15
Notification of ordinary meetings to members ........................................................... 14
2.16
Notification of extraordinary meetings to members ................................................... 15
2.17
Public meetings, access to agendas etc .................................................................... 16
2.18
Reasons to exclude public ......................................................................................... 18
2.19
Application of standing orders to public excluded session ........................................ 19
2.20
Use of public excluded information ............................................................................ 19
2.21
Attendance at meetings by members of the local authority or of any committee of the local
authority by audio link or audiovisual link .................................................................. 19
2.22
Attendance at meetings by members of the public at meetings of the local authority or of
any committee of the local authority by audio link or audiovisual link ....................... 22
PART 3 MEETING PROCEDURES
25
3.1
Application of standing orders.................................................................................... 25
3.2
Suspension of standing orders .................................................................................. 25
3.3
Conduct of meetings .................................................................................................. 26
3.4
Maintenance of order at meetings ............................................................................. 27
3.5
Maintenance of public order at meetings ................................................................... 28
3.6
Quorum at meetings .................................................................................................. 29
3.7
Failure of quorum ....................................................................................................... 29
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3.8
Leave of absence and apologies ............................................................................... 30
3.9
Order of business ....................................................................................................... 30
3.10
Rules of debate .......................................................................................................... 32
3.11
Community Board to speak at debate ....................................................................... 35
3.12
Motions and amendments .......................................................................................... 35
3.13
Revocation or alteration of previous resolution.......................................................... 38
3.14
Notices of motion ....................................................................................................... 39
3.15
Repeat notices of motion ........................................................................................... 40
3.16
Procedural motions to terminate or adjourn debate .................................................. 41
3.17
Points of order ............................................................................................................ 42
3.18
Voting ......................................................................................................................... 43
3.19
Pecuniary interest and conflicts of interest ................................................................ 45
3.20
Qualified privilege ...................................................................................................... 45
3.21
Minutes of proceedings .............................................................................................. 46
3.22
Minute books .............................................................................................................. 47
3.23
Public participation ..................................................................................................... 47
3.24
Petitions ..................................................................................................................... 49
3.25
Questions ................................................................................................................... 49
3.26
Information to members ............................................................................................. 50
APPENDICIES
A.
Grounds to exclude the public from meetings in terms of the Local Government Official
Information and Meetings Act 1987
B.
Sample Resolution to exclude the public
C.
Powers of the chairperson
D.
Chairperson’s rulings
E.
Motions and amendments
F.
Table of procedural motions
G.
Process for removing a member
REFERENCED DOCUMENTS
New Zealand Legislation
Commissions of Inquiry Act 1908
Crimes Act 1961
Local Authorities (Members’ Interests) Act 1968
Local Electoral Act 2001
Local Government Act 1974 and 2002 (LGA)
Local Government Official Information and Meetings Act 1987 (LGOIMA)
Marine Farming Act 1971
Resource Management Act 1991 (RMA)
Secret Commissions Act 1910
Securities Act 1978
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FOREWORD
These Standing Orders are based on the NZS: 9202 (2003): Model Standing Orders for
Meetings of Local Authorities and Community Boards.
These Standing Orders reflect legislative requirements relating to the conduct of local
authority meetings, particularly the provisions of the Local Government Act 2002 and
the Local Government Official Information and Meetings Act 1987, including
amendments made to these Acts in 2004 and 2012.
These Standing Orders were adopted by Wellington City Council at a meeting held on
24 April 2013 and apply to all meetings of the Wellington City Council, its committees
and subcommittees.
These Standing Orders come into effect on 1 May 2013 with the exception of Standing
Orders
2.2.1, 2.2.2, 2.7.2, 2.8.1, and
2.10.1 which will come into effect after 12 October
2013.
These Standing Orders were amended at a Council meeting held on 08 April 2015.
The amendments in question relate to updating the Standing Orders to provide for
audio and audio-visual links Revisions were made to other clauses regarding public
participation, motions and amendments and repeat notices of motion.
iii
WELLINGTON CITY COUNCIL:
STANDING ORDERS FOR MEETINGS OF THE COUNCIL,
COMMITTEES AND SUB-COMMITTEES
PART 1
GENERAL
1.1 SCOPE AND
This document sets out standing orders for the conduct of proceedings at
meetings of Wellington City Council, its committees and sub-committees.
GENERAL
These Standing Orders are presented in three parts. Part 1 is the general
introduction. Part 2 covers legislative and constitutional matters, and Part
3 relates to meeting procedures.
Part 3 involves some repetition of Part 2 to ease use and to ensure each
part can stand alone without the need for undue cross referencing.
1.2 INTERPRETATION
The terms “normative” and “informative” have been used in these
Standing Orders to define the application of the Appendix to which they
apply. A “normative” appendix is an integral part of the Standing Orders,
whereas an “informative” appendix is only for information and guidance.
Informative provisions do not form part of the mandatory requirements of
the Standing Orders.
In the Standing Orders the word “shall” identifies a mandatory requirement
for compliance with the Standing Orders. The word “should” refers to
practices which are advised or recommended.
Where direct quotations from the legislation are cited in these Standing
Orders they are shown in
bold type with quotation marks.
1.3 DEFINITIONS
In these Standing Orders, unless inconsistent with the context:
Agenda means the list of items for consideration at a meeting together
with reports and other attachments relating to those items.
Amendment means any change or proposed change to the original or
substantive motion.
Chairperson means the Mayor at a meeting of the Wellington City
Council (or the Deputy Mayor in the absence of the Mayor) or the person
appointed to preside at a meeting of a committee or subcommittee and
also includes any person properly appointed in the absence of the
appointed chairperson.
Chief Executive means the Chief Executive of the Wellington City
Council appointed under section 42 of the Local Government Act 2002
and includes any person appointed specially or generally by the Council to
perform the duties of that office for the time being. The term also means
any person deputised by the Chief Executive to carry out a particular duty
or perform a function on her/his behalf. For the purposes of these
standing orders it includes any other officer authorized by the local
authority.
Clear working days means the number of working days prescribed in
these standing orders for the giving of notice; and excluding the date of
service of that notice and the date of the meeting, the subject of that
notice.
1
Committee includes, in relation to a local authority:
(a)
A committee comprising all the members of that local authority;
(b)
A standing committee or special committee appointed by that local
authority;
(c)
A joint committee appointed under clause 30 of Schedule 7 of the
Local Government Act 2002; and
(d)
Any subcommittee of a committee described in parts (a), (b) or (c)
of this definition;
Conflict of Interest includes any pecuniary interest and any interest
arising because of that person’s position as a trustee, director, officer,
employee or member of another body or because of any personal non-
pecuniary interest.
Council means the Wellington City Council comprising the Mayor and
members elected under the Local Electoral Act 2001.
Division means a formal vote at a Council, committee or subcommittee
meeting whereby the names of those members present, including the
Mayor, are formally recorded as voting either AYE or NO. This includes a
vote where the names and votes are recorded electronically.
Extraordinary meeting has the same meaning as defined in clause 22 of
Schedule 7 of the Local Government Act 2002.
Item means a substantive matter for discussion at a meeting.
Leave of the meeting means agreement without a single member
present dissenting.
Local authority means the Wellington City Council, being a local
authority as defined in section 3 of the Local Government Act 2002.
Mayor means the Mayor of Wellington City Council elected under the
Local Electoral Act 2001.
Meeting means any first, ordinary or extraordinary meeting of the Council;
and any meeting of any committee, standing committee, joint committee,
special committee or subcommittee of the Council but excludes members’
briefings and workshops.
Member means any person elected or appointed to the Council or to any
committee or subcommittee of the local authority, and includes the Mayor.
Minutes means the record of the proceedings of any meeting of the local
authority and its committees and subcommittees.
Motion means a substantive matter for resolution at a meeting.
Not less than 75% means 75% of the members, or where a whole
number is not obtained the next highest whole number above 75% as
follows:
2
Not less than 75% of 3 = 3
Not less than 75% of 12 = 9
Not less than 75% of 4 = 3
Not less than 75% of 13 = 10
Not less than 75% of 5 = 4
Not less than 75% of 14 = 11
Not less than 75% of 6 = 5
Not less than 75% of 15 = 12
Not less than 75% of 7 = 6
Not less than 75% of 16 = 12
Not less than 75% of 8 = 6
Not less than 75% of 17 = 13
Not less than 75% of 9 =7
Not less than 75% of 18 = 14
Not less than 75% of 10 = 8
Not less than 75% of 19 = 15
Not less than 75% of 11 = 9
Not less than 75% of 20 = 15
Officer means any person employed by the Council either full or part
time, on a permanent or casual or contract basis.
Pecuniary Interest includes any interest described in sections 3 and 6 of
the Local Authorities (Members Interests) Act 1968.
Pro-forma means moving or seconding a motion as a matter of form and
does not require the mover to support the motion.
Public excluded information means any information which can be
excluded from the public for reasons meeting the provisions of the Local
Government Official Information and Meetings Act 1987.
Public excluded session refers to those meetings or parts of meetings
from which the public is excluded by the local authority as provided for in
the Local Government Official Information and Meetings Act 1987.
Public participation means a request from any person, organisation,
interest group or group of people with a specific purpose or common view
in the community to address the Council or any committee. This includes
public participation and presentations but excludes petitions. Public
participation is in addition to participation in hearings as part of any
statutory or non-statutory consultation.
Publicly notified means notified to members of the public by notice
contained in some newspaper circulating in the district of the local
authority, or where there is no such newspaper, by notice published on
signboard affixed to public places in the district to which the notice relates.
Quorum means the minimum number of members needing to be present
to constitute a valid meeting.
Working day means any day of the week other than:
(a)
Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday,
Anzac Day, the Sovereign’s Birthday, and Labour Day, and
(b)
A day in the period commencing with the 25th day of December in
any year and ending with the 15th day of January in the following
year.
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PART 2
CONSTITUTIONAL AND LEGISLATIVE MATTERS
2.1 INTRODUCTION
2.1.1
Requirement for
“A local authority must adopt a set of standing orders for the
the adoption of
conduct of its meetings and those of its committees.
standing orders
The standing orders of a local authority must not contravene
[any provisions of the Local Government Act 2002], the Local
Government Official Information and Meetings Act 1987, or
any other Act.”
[cl. 27(1) & (2), Schedule 7, LGA]
2.1.2
Alteration of
“After the adoption of the first standing orders of the local
standing orders
authority, an amendment of the standing orders or the
adoption of a new set of standing orders requires, in every
case, a vote of not less than 75% of the members present.”
[cl. 27(3), Schedule 7, LGA]
2.1.3
Temporary
“A local authority or committee may temporarily suspend
suspension of
standing orders [or part thereof
] during a meeting by a vote of
standing orders
not less than 75% of the members present and voting, and
the reason for the suspension must be stated in the
resolution of suspension.”
[cl. 27(4), Schedule 7, LGA]
(See Standing Order 3.2.1)
2.1.4
All members to
“A member of a local authority must abide by the standing
abide by
orders adopted under clause 27 [of Schedule 7 of the Local
standing orders
Government Act 2002].”
[cl. 16(1), Schedule 7, LGA]
(See Standing Order 3)
2.2
APPOINTMENT OF DEPUTY MAYOR
2.2.1
Mayor may
The Mayor has the power to appoint the Deputy Mayor. The Mayor
appoint a Deputy
may decline to exercise this power.
Mayor
[s. 41A (3)(a) & (7), LGA]
2.2.2
Mayor must give
The Mayor must give notice to members that either
notice of
intention
(a) the Mayor will appoint a Deputy Mayor; or
(b) the Mayor will seek ratification of their nominee for Deputy
Mayor; or
(c) the local authority will elect a Deputy Mayor at its first meeting.
2.3
FIRST MEETING OF THE LOCAL AUTHORITY FOLLOWING ELECTION
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2.3.1
Meeting called
“The first meeting of a local authority following a triennial general
by Chief
election of members must be called by the Chief Executive as soon
Executive
as practicable after the results of the election are known.
The Chief Executive must give the persons elected to the local
authority not less than 7 days’ notice of the meeting.
[However
,] if an emergency exists, the Chief Executive may give
notice of the meeting as soon as practicable.
The Chief Executive (or, in the absence of the Chief Executive, a
nominee of that officer) must chair the meeting until the Mayor [ ]
has made and attested the declaration required under clause 14 [of
Schedule 7 of the Local Government Act 2002].”
[cl. 21(1) – (4), Schedule 7, LGA]
2.3.2
Business to be
“The business that must be conducted at the meeting must
conducted
include –
(a)
the making and attesting of the declarations required of the
Mayor (if any) and members under clause 14 [of Schedule 7
of the Local Government Act 2002]; and
(b)
[...]
(c)
a general explanation, given or arranged by the Chief
Executive, of –
(i)
the Local Government Official Information and
Meetings Act 1987; and
(ii)
other laws affecting members, including the
appropriate provisions of the Local Authorities
(Members’ Interests) Act 1968; and sections 99, 105
and 105A of the Crimes Act 1961; and the Secret
Commissions Act 1910; and the Securities Act 1978;
and
(d)
the fixing of the date and time of the first meeting of the local
authority, or the adoption of a schedule of meetings; and
(e)
the election of the Deputy Mayor […] in accordance with
clause 17 [of Schedule 7 of the Local Government Act
2002],” unless notice has been given under Standing Order
2.2.2
that the Mayor will appoint a Deputy Mayor, seek ratification of a
nominee or a Deputy Mayor has been appointed.
[s. 41A(3)(a), cl. 21(5), Schedule 7, LGA]
5
2.4
CHAIRPERSON OF MEETINGS
2.4.1 Mayor of local
“The Mayor ... must preside at each meeting of the local authority at
authority to
which he or she is present unless the Mayor vacates the chair for a
preside
particular meeting” or part thereof
.
“If the Mayor ... is absent from a meeting, the Deputy Mayor (if any)
must preside.
However, if a Deputy Mayor ... has not been appointed, or if the
Deputy Mayor ... is also absent, the members of the local authority
... that are present must elect 1 of their number to preside at that
meeting, and that person may exercise at that meeting the
responsibilities, duties, and powers of the Mayor ...”.
[cl. 26(1), (5) & (6), Schedule 7, LGA]
2.4.2 Chairperson of
“The chairperson of a committee must preside at each meeting of
the committee to
the committee at which he or she is present unless the chairperson
preside
vacates the chair for a particular meeting” or part thereof.
“If the .... chairperson of a committee is absent from a meeting,...
the deputy chairperson (if any) ... of the committee must preside.
However, if ... a deputy chairperson has not been appointed, or if ...
the deputy chairperson is also absent, the members of ... the
committee that are present must elect 1 of their number to preside
at that meeting, and that person may exercise at that meeting the
responsibilities, duties, and powers of the chairperson.”
[cl. 26(2), (5) & (6), Schedule 7, LGA]
2.5
QUORUM AT MEETINGS
2.5.1 Requirement for
“A meeting is duly constituted if a quorum is present, whether or
quorum
not all of the members are voting or entitled to vote.”
[cl. 23(1), Schedule 7, LGA]
2.5.2 Quorum to be
“Business may not be transacted at any meeting unless at least a
present
quorum of members is present during the whole of the time at
throughout
which the business is transacted.”
meeting
[cl. 23(2), Schedule 7, LGA]
2.5.3 Definition of
“The quorum at a meeting of a local authority [or joint committee]
quorum of local
consists of –
authority or joint
committee
(a)
half of the members if the number of members (including
vacancies) is even; or
(b)
a majority of members if the number of members (including
vacancies) is odd.”
[cl. 23(3), cl. 30(9), Schedule 7, LGA]
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2.5.4 Definition of
The quorum at a meeting of a committee of the whole is –
quorum for
committees of the
(a)
half of the members if the number of members (including
whole
vacancies) is even; or
(b)
a majority of members if the number of members (including
vacancies) is odd.
2.5.5 Definition of
The quorum at a meeting of any
committee will be included in the Terms
quorum to be in
of Reference of that committee.
Terms of
Reference
(See Standing Order 3.6.5)
2.6
VOTING AT MEETINGS
2.6.1 Acts and decision
“Unless the Local Government Act 2002 provides otherwise,
of the local
the acts of a local authority must be done, and the questions
authority by
before the local authority must be decided, at a meeting by:
majority vote at
meetings
(a)
vote; and
(b)
the majority of members that are present and voting.”
[cl. 24(1), Schedule 7, LGA]
(See Standing Order 3.18.1)
2.6.2 Casting vote
“For the purposes of [Standing Order 2.6.1], the Mayor or
other person presiding at the meeting:
(a)
has a deliberative vote; and”
(b)
in the case of an equality of votes, has a casting vote.
[cl. 24(2), Schedule 7, LGA]
(See Standing Order 3.18.2)
2.6.3 Open voting
“An act or question coming before the local authority must be
done or decided by open voting.”
[cl. 24, Schedule 7, LGA]
(See Standing Order 3.18.3)
2.6.4 Members must
Every member present when a motion is put must vote unless they
vote
are prevented from doing so by:
a conflict of interest (either pecuniary or non-pecuniary); or
Standing Order
2.14.3.
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2.7
VOTING SYSTEMS FOR CERTAIN APPOINTMENTS
2.7.1 Provisions for
“[This Standing Order applies to] –
election or
appointment of
(a)
...
Deputy Mayor,
chairpersons and
(b)
the election or appointment of the Deputy Mayor; and
deputy
chairperson of
(c)
the election or appointment of the chairperson and
local authorities
deputy chairperson of a committee; and
and committee,
and
(d)
the election or appointment of a representative of a
representatives of
local authority.”
the local authority
A person is elected or appointed to a role if he or she receives the
votes of a majority of the members of the local authority or
committee present and voting.
For the purposes of Standing Order
2.7.1, a majority of the
members of the local authority or committee will be determined
through the following voting process:
(a)
“there is a first round of voting for all candidates; and
(b)
if no candidate is successful in that round there is a
second round of voting from which the candidate with
the fewest votes in the first round is excluded; and
(c)
if no candidate is successful in the second round there
is a third, and if necessary subsequent round of voting
from which, each time, the candidate with the fewest
votes in the previous round is excluded; and
(d)
in any round of voting, if 2 or more candidates tie for
the lowest number of votes, the person excluded from
the next round is resolved by lot.”
[cl. 25, Schedule 7, LGA]
2.7.2 Exclusions to
Standing Order
2.7.1 does not apply to:
requirements for
voting system
(a)
the appointment by the Mayor of a Deputy Mayor; or
(b)
ratification of a nominee by the Mayor for Deputy Mayor; or
(c)
the appointment by the Mayor of the chairperson of a
committee established by the Mayor;
2.8 APPOINTMENT OF COMMITTEES AND OTHER SUBORDINATE DECISION-MAKING
BODIES
2.8.1 Mayor may
The Mayor may appoint the committees they consider appropriate.
appoint
committees
[s. 41A (3)(b), LGA]
8
2.8.2 Appointment of
“The local authority may appoint committees,
committees,
subcommittees, and other subordinate decision-making
subcommittees,
bodies that it considers appropriate.
and other
subordinate
A committee may appoint the subcommittees that it
decision-making
considers appropriate unless it is prohibited from doing so
bodies
by the local authority.”
[cl. 30(1) & (2), Schedule 7, LGA]
2.8.3 Discharge or
“Unless expressly provided otherwise in an Act, –
reconstitution of
committees,
(a)
a local authority may discharge or reconstitute a
subcommittees,
committee or subcommittee or other subordinate
and other
decision-making body; and
subordinate
decision-making
(b)
a committee may discharge or reconstitute a
bodies
subcommittee.
A committee, subcommittee or other subordinate decision-
making body is, unless the local authority resolves otherwise,
deemed to be discharged on the coming into office of the
members of the local authority elected or appointed at, or
following, the triennial general election of members next after
the appointment of the committee, subcommittee, or other
subordinate decision-making body.”
[cl. 30(5) & (7), Schedule 7, LGA]
2.8.4 Committees and
“A committee or other subordinate decision-making body is
subordinate
subject in all things to the control of the local authority, and
decision-making
must carry out all general and special directions of the local
bodies subject to
authority given in relation to the committee or other body or
direction of local
the affairs of the committee or other body.
authority
A subcommittee is subject in all things to the control of the
committee that appointed it, and must carry out all general
and special directions of the committee given in relation to
the subcommittee or its affairs.
Nothing in this [Standing Order] entitles a local authority or
committee to rescind or amend a decision made under a
delegation authorising the making of a decision by a
committee, a subcommittee, or another subordinate decision-
making body.
”
[cl. 30(3), (4) & (6), Schedule 7, LGA]
2.8.5 Committees and
A committee must have, and operate within, a prescribed Terms of
subordinate
Reference
.
decision-making
bodies must have
Terms of
Reference
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2.9
JOINT COMMITTEES
2.9.1 Appointment of
“A local authority may appoint … a joint committee with
joint committees
another local authority or other public body.”
[cl. 30(1), Schedule 7, LGA]
2.9.2 Status of joint
“A joint committee … is deemed to be both a committee of
committees
the local authority and a committee of the other local
authority or public body.”
[cl. 30(8), Schedule 7, LGA]
2.9.3 Powers and
“[Part 1 of Schedule 7 of the Local Government Act 2002]
responsibilities of
applies to a joint committee except that –
joint committees
(a)
the powers to discharge any individual member and
appoint another in his or her stead must be exercised
by the local authority or public body that made the
appointment; and
(b)
the quorum at a meeting [is as set out in Standing
Order 2.5.3]; and
(c)
the committee may appoint and remove its own
chairperson or deputy chairperson.”
[cl. 30(9), Schedule 7, LGA]
2.9.4 Application to a
For the purposes of a public body that is not a local authority,
public body that is
Standing Orders
2.9.2 an
d 2.9.3 apply to the extent that they are
not a local
not inconsistent with the law applicable to committees of the public
authority
body.
[cl. 30(10), Schedule 7, LGA]
2.10 APPOINTMENT OF CHAIRPERSON OF A COMMITTEE
2.10.1 Appointment of
The Mayor may appoint the chairperson of any committee
chairperson by
established under Standing Order
2.8.1.
Mayor
The Mayor may make the appointment of the chairperson before
the other members of the committee are determined, and may
appoint themselves.
[S41A (3)(c), LGA]
2.10.2 Appointment of
The local authority may appoint the chairperson (or chairpersons)
chairperson of
and (if desired) deputy chairperson of any committee:
committees by
Council
it appoints under Standing Order
2.8.2; or
any committee established under Standing Ord
er 2.8.1
where the Mayor declines to appoint a chairperson.
2.10.3 Appointment of
Any committee may appoint its own chairperson (or chairpersons)
chairperson by
and deputy chairperson if one has not already been appointed
committee
under Standing Ord
er 2.10.1 or 2.10.2.
10
2.11 MEMBERSHIP OF COMMITTEES AND SUBCOMMITTEES
2.11.1 Appointment or
“A local authority may appoint or discharge any member of a
discharge of
committee. Unless directed otherwise by the local authority, a
committee
committee may appoint or discharge any member of a
members and
subcommittee appointed by the committee.”
subcommittee
members
cl. 31(1) & (2), Schedule 7, LGA]
2.11.2 Elected
“The members of a committee or subcommittee may, but
members on
need not be, elected members of the local authority, and a
committees and
local authority or committee may appoint to a committee or
subcommittees
subcommittee a person who is not a member of the local
authority or committee if, in the opinion of the local authority,
that person has the skills, attributes or knowledge that will
assist the work of the committee or subcommittee.”
... At least 1 member of a committee must be an elected
member of the local authority; and an employee of a local
authority acting in the course of his or her employment may
not act as a member of any committee unless that committee
is a subcommittee.”
[cl. 31(3) & (4), Schedule 7, LGA]
2.11.3 Local authority
“If a local authority resolves that a committee, subcommittee,
may replace
or other decision-making body is not to be discharged under
members if
clause 30(7) [of Schedule 7 of the Local Government Act
committee not
2002], the local authority may replace the members of that
discharged
committee, subcommittee or other subordinate decision-
making body after the next triennial general election of
members.”
[cl. 31(5), Schedule 7, LGA]
2.11.4 Minimum
“The minimum number of members is 3 for a committee, and
numbers on
is 2 for a subcommittee.”
committees and
subcommittees
[cl. 31(6), Schedule 7, LGA]
2.11.5 Mayor an ex-
The Mayor is appointed an ex-officio member of every committee
officio member
and subcommittee appointed by the Council other than a quasi-
judicial committee (for example a hearings committee constituted
under the Resource Management Act).
2.12 POWERS OF DELEGATION
2.12.1 Delegations to
(1)
“Unless expressly provided otherwise in [the Local
committees,
Government Act 2002], or in any other Act, for the
subcommittees,
purposes of efficiency and effectiveness in the conduct
subordinate
of a local authority’s business, a local authority may
decision-making
delegate to a committee or other subordinate decision-
bodies,
making body, community board, or member or officer
community
of the local authority any of its members and officers
boards,
responsibilities, duties, or powers except –
members and
officers
(a)
the power to make a rate; or
11
(b)
the power to make a bylaw; or
(c)
the power to borrow money, or purchase or
dispose of assets, other than in accordance with
the long-term council community plan; or
(d)
the power to adopt a long-term council
community plan, annual plan, or annual report; or
(e)
the power to appoint a Chief Executive; or
(f)
the power to adopt policies required to be
adopted and consulted on under [the Local
Government Act 2002] in association with the
long-term council community plan or developed
for the purpose of the local governance
statement.
(2)
Nothing in this clause restricts the power of a local
authority to delegate to a committee or other
subordinate decision-making body, community board,
or member or officer of the local authority the power to
do anything precedent to the exercise by the local
authority (after consultation with the committee or body
or person) of any power or duty specified in ... [(a) – (f)
above].
(3)
A committee or other subordinate decision-making
body, community board, or member or officer of the
local authority may delegate any of its responsibilities,
duties, or powers to a subcommittee or person, subject
to any conditions, limitations, or prohibitions imposed
by the local authority or by the committee or body or
person that makes the original delegation.”
[cl. 32(1), (2) & (3), Schedule 7, LGA]
2.12.2 Use of delegated
“A committee, subcommittee, other subordinate decision-
powers
making body, community board or member or officer of the
local authority to which or to whom any responsibilities,
powers or duties are delegated may, without confirmation by
the local authority or committee or body or person that made
the delegation, exercise or perform them in the like manner
and with the same effect as the local authority could itself
have exercised or performed them.”
[cl. 32(4) Schedule 7, LGA]
12
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2.13 PROCEEDINGS NOT INVALIDATED BY VACANCIES OR IRREGULARITIES
2.13.1 Proceedings not
“An act or proceeding of a local authority or committee, or of
invalidated by
a person acting as a member of a local authority or
vacancies or
committee, is not invalidated by -
irregularities
(a)
a vacancy in the membership of the local authority or
committee at the time of that act or proceeding, or
(b)
the subsequent discovery of some defect in the
election or appointment of the person acting as a
member of the local authority or committee, or that that
person was or is incapable of being a member.”
[cl. 29, Schedule 7, LGA]
2.14 GENERAL PROVISIONS AS TO MEETINGS
2.14.1 Meetings to be
“A local authority must hold the meetings that are necessary
held
for the good government of its region or district.”
[cl. 19(1), Schedule 7, LGA]
2.14.2 Right to attend
“A member of a local authority, or of a committee of a local
meetings
authority, has, unless lawfully excluded, the right to attend
any meeting of the local authority or committee.”
[cl. 19(2), Schedule 7, LGA]
2.14.3 Member
If a member is not a member of a committee and attends a
attendance at
meeting of that committee, they may take part in any discussions
committee
but may not:
•
vote on any matter;
•
move or second a motion or amendment;
•
move or second a procedural motion;
•
challenge under Standing Orders a chairperson’s ruling.
2.14.4 Calling, public
“A meeting of a local authority must be called and conducted
notification and
in accordance with [Schedule 7 of the Local Government Act
conduct of
2002]; and Part VII of the Local Government Official
meetings
Information and Meetings Act 1987; and the standing orders
of the local authority.”
[cl. 19(3), Schedule 7, LGA]
2.14.5 Agenda to be
In the case of each meeting to which Standing Order
2.14.1
sent to members
applies, an agenda detailing the business to be brought before that
meeting together with relevant attachments must be sent to every
member not less than two clear working days before the day
appointed for the meeting (in the case of extraordinary meetings
Standing Order
2.16.2 applies).
13
2.14.6 Meetings not
“A meeting of a local authority is not invalid if notice of that
invalid because
meeting was not received, or not received in due time, by a
notice not
member of the local authority unless –
received
(a)
it is proved that the person responsible for giving
notice of the meeting acted in bad faith or without
reasonable care; and
(b)
the member concerned did not attend the meeting.
A member of a local authority may waive any requirement
regarding the giving of notice of a meeting to that member.”
[cl. 20(1), (2), Schedule 7, LGA]
2.14.7 Minutes of
“A local authority must keep minutes of its proceedings.
proceedings
Minutes of proceedings duly entered and authenticated as
prescribed by the local authority are prima facie evidence of
those proceedings.”
[cl. 28(1), (2), Schedule 7, LGA]
2.15 NOTIFICATION OF ORDINARY MEETINGS TO MEMBERS
2.15.1 Period for notice
“… The Chief Executive must give notice in writing to each
in writing
member of the time and place of [a] meeting –
(a)
not less than 14 days before the meeting; or
(b)
if the local authority has adopted a schedule of
meetings, not less than 14 days before the first meeting
on the schedule.”
[cl. 19(5), Schedule 7, LGA]
2.15.2 Schedule of
“If a local authority adopts a schedule of meetings, –
meetings
(a)
the schedule may cover any future period that the local
authority considers appropriate and may be amended;
and
(b)
notification of the schedule or any amendment to that
schedule constitutes a notification of every meeting on
the schedule or amendment.”
[cl. 19(6), Schedule 7, LGA]
2.15.3 Cancellation of
If it is necessary to cancel a scheduled meeting, all reasonable
scheduled
effort shall be taken to notify elected members and the public as
meetings
soon as practicable of the cancellation and of the reasons for the
cancellation.
14
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2.16 NOTIFICATION OF EXTRAORDINARY MEETINGS TO MEMBERS
2.16.1 Extraordinary
“If a resolution or requisition specifies the time and place at
meetings may be
which the meeting is to be held and the general nature of the
called
business to be brought before the meeting, a meeting may be
called by –
(a)
a resolution of the local authority; or
(b)
a requisition in writing delivered to the Chief Executive
and signed by –
(i)
the Mayor [in relation to Council] or chairperson
[in relation to a committee or subcommittee]; or
(ii)
not less than one-third of the total membership of
the local authority (including vacancies).”
[cl. 22(1), Schedule 7, LGA]
2.16.2 Notification of
“Notice in writing of the time and place of the meeting called
extraordinary
under [Standing Order 2.16.1] and of the general nature of
meetings to
business must be given by the Chief Executive to each
members
member of the local authority at least 3 working days before
the day appointed for the meeting; or if the meeting is called
by a resolution, within such lesser period of notice that is
specified in the resolution, being not less than 24 hours.”
[cl. 22(3), Schedule 7, LGA]
2.16.3 Calling of
“If the business to be dealt with requires a meeting to be held
extraordinary
at a time earlier than is allowed by the notice requirements
meetings at
specified [in Standing Order 2.16.2], a meeting may be called
earlier time
by the Mayor or chairperson; or if the Mayor or chairperson
[of a committee or subcommittee] are unavailable, the Chief
Executive.”
[cl. 22(2), Schedule 7, LGA]
2.16.4 Notification of
“Notice of the time and place of a meeting called under
extraordinary
[Standing Order 2.16.3] and of the matters in respect of which
meetings held at
the meeting is being called must be given by the person
earlier time
calling the meeting or by another person on that person’s
behalf, by whatever means is reasonable in the
circumstances, to each member of the local authority and to
the Chief Executive at least 24 hours before the time
appointed for the meeting.”
[cl. 22(4)Schedule 7, LGA]
15
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2.16.5 Public notice of
“A local authority must, as soon as practicable, publicly
resolutions of
notify any resolution passed at an extraordinary meeting of
extraordinary
the local authority unless –
meetings
(a)
the resolution was passed at a meeting or part of a
meeting from which the public was excluded; or
(b)
the extraordinary meeting was publicly notified at least
5 working days before the day on which the meeting
was held.
For the purposes of this [Standing Order], resolution means
the resolution on the matter or matters for which the
extraordinary meeting was held.” [s. 51A, LGOIMA]
2.17 PUBLIC MEETINGS, ACCESS TO AGENDAS ETC
2.17.1 Meetings
“Except as otherwise provided by [Part VII of the Local
normally to be
Government Official Information and Meetings Act] every
open to the
meeting of a local authority shall be open to the public… For
public
the purposes of [Part VII of the Local Government Official
Information and Meetings Act] bona fide members of the
news media shall be deemed to be members of the public,
and shall be entitled to attend any meeting or any part of a
meeting for the purpose of reporting the proceedings for any
news media.”
[s. 47 & 49(a), LGOIMA]
2.17.2 Information to be
All information provided to members at local authority and
available to the
committee meetings must be available to the public and news
public
media unless any item included in the agenda refers to any matter
reasonably expected to be discussed with the public excluded.
[s. 5 & 49, LGOIMA]
2.17.3 Public
All meetings scheduled for the following month must be publicly
notification
notified not more than 14 days and not less than 5 days before the
about meetings
end of every month, together with the dates on which and the
times and places at which those meetings are to be held. Where
any meeting is to be held on or after the 21st day of the month,
such meetings may instead be publicly notified not more than 10
nor less than 5 working days before the day on which the meeting
is to be held.
[s. 46, LGOIMA]
2.17.4 Public
“Where any extraordinary meeting of a local authority is
notification
called and notice of that meeting cannot be given in the
about
manner required or permitted by [Standing Order 2.17.3 as
extraordinary
appropriate], the local authority shall cause that meeting and
meetings
the general nature of business to be transacted at that
meeting to be publicly notified or otherwise advertised as
soon as practicable before the meeting is to be held as is
reasonable in the circumstances.”
[s. 46(3) & (4), LGOIMA]
16
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2.17.5 Public
The Chief Executive is to make any other arrangement for the
notification
notification of meetings including extraordinary meetings as the
additional
local authority may from time to time determine.
requirements
2.17.6 Meetings not
“No meeting of any local authority [is] invalid merely because
invalid because
that meeting was not publicly notified in accordance with
not publicly
[Standing Orders 2.15.3, 2.15.4 and 2.15.5].”
notified
[s. 46(5), LGOIMA]
2.17.7 Public notice of
“Where a local authority becomes aware that any meeting of
meetings not
that local authority has not been publicly notified in
notified
accordance with [Standing Orders 2.17.3, 2.17.4 and 2.17.5],
the local authority shall, as soon as practicable, give public
notice that that meeting was not so notified, and shall, in that
notice, state the general nature of the business transacted at
that meeting; and give the reasons why that meeting was not
so notified.”
[s. 46(6), LGOIMA]
2.17.8 Availability of
“Any member of the public may, without payment of a fee,
agendas and
inspect, during normal office hours, within a period of at least
reports
2 working days before every meeting, all agendas and
associated reports circulated to members of the local
authority and relating to that meeting. The agendas –
(a)
shall be available for inspection at the public offices of
the local authority (including service delivery centres)
and the public libraries under the authority’s control;
and
(b)
shall be accompanied by either –
(i)
the associated reports; or
(ii)
a notice specifying the places at which the
associated reports may be inspected.
The associated reports shall be available for inspection at the
public offices of the local authority. Any member of the public
may take notes from any agenda or report inspected by that
member of the public. Every member of the public who
inspects an agenda or report made available and who
requests a copy of any part of any such agenda or report and
tenders the prescribed amount (if any) shall be given such a
copy as soon as practicable. Where a meeting is an
extraordinary meeting called pursuant to a resolution of the
local authority, the agenda and any associated reports shall
be made available as soon as is reasonable in the
circumstances.”
[s. 46A(1) – (6), LGOIMA]
2.17.9 Exclusion from
The Chief Executive may exclude from the reports made available,
reports to be
reports or items from reports that are reasonably expected to be
discussed with
discussed with the public excluded. These items are to be
public excluded
indicated on each agenda.
17
2.17.10 Agenda to be
Additional copies of the agenda and further particulars indicating
made available to the nature of the items to be discussed must be available at
public who are at
meetings in sufficient numbers to enable any spare copies to be
meetings
provided for members of the public to take away with them on
payment of the prescribed amount (if any).
[s. 49, LGOIMA]
2.17.11 List of committee The members of each committee are to be named on the relevant
members
agenda.
publicly available
2.17.12 Public entitled to
The public is entitled without charge to inspect, take notes from, or
inspect minutes
receive copies of, minutes of any meeting or part of any meeting
from which the public was not excluded.
[s. 51, LGOIMA]
2.17.13 Requests for
The Chief Executive must consider any request for the minutes of
minutes of
a meeting or part thereof from which the public was excluded as a
meetings in
request for official information in terms of the Local Government
closed session
Official Information and Meetings Act 1987.
[s. 51, LGOIMA]
2.18 REASONS TO EXCLUDE PUBLIC
2.18.1 Lawful reasons
A local authority may by resolution exclude the public from the
to exclude public
whole or any part of the proceedings of any meeting only on one
or more of the grounds specified in section 48 of the Local
Government Official Information and Meetings Act 1987.
[s. 48, LGOIMA]
(see Appendix A)
2.18.2 Form of
Any resolution to exclude the public must be in the form set out in
resolutions to
Schedule 2A to the Local Government Official Information and
exclude public
Meetings Act 1987 and state the general subject of each matter to
be considered while the public is excluded, the reason for passing
that resolution in relation to that matter, and the grounds on which
the resolution is based.
(For an example resolution refer to Appendix B).
2.18.3 Motion to
Every motion to exclude the public must be put at a time when the
exclude public to
meeting is open to the public, and copies of the text of that motion
be put with the
must be available to any member of the public who is present. The
public present
resolution then forms part of the minutes of the local authority.
[s. 48(4), LGOIMA]
18
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2.18.4 Provision for
A resolution in accordance with Standing Order
2.18.3 may
persons to
provide for one or more specified persons to remain after the
remain after
public has been excluded if those persons have, in the opinion of
public excluded
the local authority, knowledge that will assist the authority. Any
such resolution is required to state the knowledge possessed by
those persons which will be of assistance in relation to the matter
to be discussed and how it is relevant to the matter. No such
resolution is necessary in respect of the attendance of the Chief
Executive and relevant staff during a public excluded session.
[s. 48(5) & (6), LGOIMA]
2.18.5 Release of public A local authority may provide for the release to the public of
excluded
information which has been considered during the public excluded
information
part of a meeting.
2.19 APPLICATION OF STANDING ORDERS TO PUBLIC EXCLUDED SESSION
2.19.1 Standing orders
Standing orders apply to meetings or parts of meetings from which
to apply
the public has been excluded.
2.20 USE OF PUBLIC EXCLUDED INFORMATION
2.20.1 Public excluded
Subject to the provisions of the Local Government Official
business not to
Information and Meetings Act 1987, no member or officer is
be disclosed
permitted to disclose to any person, other than a member or
officer:
any information, evidence, documents or reports which
have been or are to be presented to any meeting from
which the public is properly excluded, or where it is
proposed that the public be properly excluded;
any discussions, deliberations or recommendations of any
committee or subcommittee which are to be dealt with
subsequently by the Council in public excluded session.
2.21 ATTENDANCE AT MEETINGS BY MEMBERS OF THE LOCAL AUTHORITY OR OF ANY
COMMITTEE OF THE LOCAL AUTHORITY BY AUDIO LINK OR AUDIOVISUAL LINK
2.21.1 Statutory
“A member of a local authority, or of a committee of a
provision for
local authority, has, unless lawfully excluded, the right to
attendance at
attend any meeting of the local authority or committee
meetings by
by means of audio link or audiovisual link if … the
audio link or
presiding member at that meeting is satisfied that all
audiovisual link
conditions and requirements in the standing orders in
relation to attendance at that meeting by means of audio
link or audiovisual link are met.”
[Clauses 25A(1) and 27(5)(a), Schedule 7, LGA]
19
2.21.2 Definitions for
“ ‘audio link’ means facilities that enable audio
the purposes of
communication between participants at a meeting when 1 or
this Standing
more of them is not physically present at the place of the
Order
meeting
“ ‘audiovisual’ link means facilities that enable audio and
visual communication between participants at a meeting
when 1 or more of them is not physically present at the place
of the meeting.”
[Clause 25A(7), Schedule 7, LGA]
2.21.3 Meetings to
Subject to the provisos below the presiding member may permit
which Standing
attendance by a member at meetings of the local authority or of
Order 2.21.2
the committee by means of audio link or audiovisual link either
applies
generally or for specified meetings:
(a) If the member is representing the Council at some place
which makes the member’s physical presence at the
meeting impossible or impracticable,
(b) To accommodate the member’s il ness or infirmity, or
(c) To accommodate unforeseen circumstances such that
physical attendance is not possible,
Provided however that Standing Order 2.19 does not apply to
meetings in the nature of hearings (for instance, hearings under
the Local Government Act 2002 or the Resource Management
Act 1991), and
Provided that the necessary audio or audiovisual technology is
available to facilitate the member’s request.
[Clause 25A(1), Schedule 7, LGA]
2.21.4 Prior
(a) Where it is possible to do so, a member of the local
arrangements to
authority or of any committee shall give the chairperson
enable a member
and the chief executive not less than two clear working
of a local
days’ written notice of the member’s desire to attend a
authority, or of a
meeting of the local authority or of the committee by
committee of a
means of audio link or audiovisual link for specified
local authority to
meetings.
attend any
(b) Where, because of the member’s il ness or infirmity or
meeting of the
some emergency, it is not possible for a member to give
local authority of
the chairperson and chief executive not less than two
committee by
working days’ written notice of the member’s desire to
means of audio
attend a meeting of the local authority or of the committee
link or
by means of audio link or audiovisual link the member
audiovisual link
may give less than two working days’ written notice.
under Standing
(c) The chief executive shall take reasonable steps to seek to
Order 2.21
facilitate a member’s desire to attend a meeting of the
local authority or of the committee by means of audio link
or audiovisual link.
(d) An act or proceeding of the local authority or committee is
not invalidated if a member’s request under this Standing
Order 2.19 is not accommodated or if there is any
technological failure or defect in any audio link or
audiovisual link for a meeting.
[Clauses 25A(1) and 27(5), Schedule 7, LGA]
20
2.21.5 Duties of the
(a) Where a member of a local authority, or of a committee of a
person presiding
local authority attends any meeting of the local authority or
where a member
committee by means of audio link or audiovisual link the
“person
of a local
presiding must … ensure that—
authority, or of a
[(i)] technology for the audio link or audiovisual link is
committee of a
available and is of suitable quality; and
local authority,
[(ii)] the procedure for the use of that technology in all the
participates in a
circumstances of the particular meeting will ensure that—
meeting under
[A] all those participating in the meeting can hear and be
Standing Order
heard by each other; and
2.21
[B] in relation to [Standing Order 2.19.1], the attendance of a
member by means of audio link or audiovisual link does not
reduce the accountability or accessibility of that person
in relation to the meeting; and
[C] the requirements of Part 7 of the Local Government
Official Information and Meetings Act 1987 are met.”
(b) Where a member of a local authority, or of a committee of a
local authority, participates in a meeting under this Standing Order
the chairperson may direct that the audio link or audiovisual link be
terminated after taking into account relevant factors including:
(i) That having people participating by audio link or audiovisual link
has unreasonably increased or may unreasonably increase the
length of the meeting,
(ii) The behaviour of the people participating by audio link or
audiovisual link,
(iii) The style, degree and extent of inter‐action between the
different people participating by audio link or audiovisual link, and
(iv) Any distraction to those physically present at the meeting
caused as a result of having people participating by audio link or
audiovisual link.
[Clause 25A(1) and (3), Schedule 7, LGA]
2.21.6 Member not
(a)
“Despite [Standing Order 2.20.1], a member of the local
physically
authority who is not physically present at the meeting is not
present at
to be counted as present for the purposes of clause 23 [of
meeting not to be Schedule 7 of the Local Government Act 2002].”
counted as
present for the
[Clause 25A(4), Schedule 7, LGA]
purposes of
quorum
2.21.7 Local authority
“Nothing in this [Standing Order] requires [the] local authority
not required to
to make technology for an audio link or audiovisual link
make technology
available.”
for an audio link
or audiovisual
[Clause 25A(5), Schedule 7, LGA]
link available
2.21.8 Giving or
“A document may be given or shown to, or by, a person
showing
appearing at a meeting by way of audio link or audiovisual
documents to a
link—
person
(a) by transmitting it electronically; or
appearing at a
(b) by use of audiovisual link (if the person is appearing by
meeting by way
audiovisual link); or
of audio link or
(c) by any other manner that the person presiding thinks
audiovisual link
fit.”
[Clause 25A(6), Schedule 7, LGA]
21
2.21.9 Local authority
“The local authority is not responsible for the consequences of any
not responsible
inadequacies or any failure of an audio link or audiovisual link, but
for the failure of
if any member ceases to be able to participate in a meeting by
any audio link or
reason of any technological failure or defect in any audio link or
audiovisual link
audiovisual link for the meeting that member shall be deemed to
have ceased to be in attendance at the meeting.”
[Clause 25A(1), Schedule 7, LGA]
2.22 ATTENDANCE AT MEETINGS BY MEMBERS OF THE PUBLIC AT MEETINGS OF THE
LOCAL AUTHORITY OR OF ANY COMMITTEE OF THE LOCAL AUTHORITY BY AUDIO
LINK OR AUDIOVISUAL LINK
2.22.1 Statutory
“A person other than a member of a local authority, or
provision for
committee, may participate in a meeting of the local authority
attendance at
or committee by means of audio link or audiovisual link if …
meetings by
the presiding member at that meeting is satisfied that all
audio link or
conditions and requirements in the standing orders are met in
audiovisual link
relation to—
(i) participation at that meeting by persons other than
members; and
(ii) the use of audio link or audiovisual link for that
participation.”
[Clauses 25A(2) and 27(5)(a), Schedule 7, LGA]
2.22.2 Definitions for
“ ‘audio link’ means facilities that enable audio
the purposes of
communication between participants at a meeting when 1 or
this Standing
more of them is not physically present at the place of the
Order
meeting
“ ‘audiovisual’ link means facilities that enable audio and
visual communication between participants at a meeting
when 1 or more of them is not physically present at the place
of the meeting.”
[Clause 25A(7), Schedule 7, LGA]
2.22.3 Meetings to
Subject to the provisos below the presiding member may permit a
which Standing
person other than a member of a local authority or committee, to
Order 2.22
participate in a meeting by means of audio link or audiovisual link
applies
for specified meetings. When considering whether or not to grant
such permission the presiding member may take into account
factors such as:
(a) The likely length of the meeting and the possibility that
having people participating by audio link or audiovisual
link may unreasonably increase the length of the meeting,
(b) The potential behaviour of people participating by audio
link or audiovisual link,
(c) The likely style, degree and extent of inter‐action between
the different people participating by audio link or
audiovisual link, and
(d) The potential that having people participating by audio link
or audiovisual link may have to distract those physically
present at the meeting
[Clause 25A(2), Schedule 7, LGA]
22
2.22.4 Prior
(a) A person other than a member of a local authority or committee
arrangements to
shall give the chairperson and the chief executive not less than
enable a person
two clear working days’ written notice of that person’s desire to
other than a
participate in a specified meeting of the local authority or of the
member of a
committee by means of audio link or audiovisual link.
local authority or
(b) The local authority shall take reasonable steps to seek to
committee to
facilitate that person’s desire to participate in a specified meeting
participate in a
of the local authority or of the committee by means of audio link or
meeting under
audiovisual link.
Standing Order
(c) An act or proceeding of the local authority or committee is not
2.22
invalidated if that person’s request under this Standing Order 2.20
is not accommodated or if there is any technological failure or
defect in any audio link or audiovisual link for a meeting.
[Clause 25A(2), Schedule 7, LGA]
2.22.5 Duties of the
(a) Where a person other than a member of a local authority or
person presiding
committee participates in a meeting of the local authority or
where a person
committee by means of audio link or audiovisual link the
“person
other than a
presiding must … ensure that—
member of a
[(a)] technology for the audio link or audiovisual link is
local authority or
available and is of suitable quality; and
committee
[(b)] the procedure for the use of that technology in all the
participates in a
circumstances of the particular meeting will
meeting under
ensure that—
Standing Order
[(A)] all those participating in the meeting can hear and be
2.22
heard by each other; and
[(B)] in relation to [Standing Order 2.20.1], the attendance of a
member by means of audio link or audiovisual link does not
reduce the accountability or accessibility of that person
in relation to the meeting; and
[(C)] the requirements of Part 7 of the Local
Government Official Information and
Meetings Act 1987 are met.”
(b) Where a person other than a member of a local authority or
committee participates in a meeting under this Standing Order the
meeting may direct that the audio link or audiovisual link be
terminated after taking into account relevant factors including:
(i) That having people participating by audio link or audiovisual link
has unreasonably increased or may unreasonably increase the
length of the meeting,
(ii) The behaviour of people participating by audio link or
audiovisual link,
(iii) The style, degree and extent of inter‐action between the
different people participating by audio link or audiovisual link, and
(iv) Any distraction to those physically present at the meeting
caused as a result of having people participating by audio link or
audiovisual link.
[Clause 25A (2) and (3), Schedule 7, LGA]
2.22.6 Local authority
“Nothing in this [Standing Order 2.20] requires [the] local
not required to
authority to make technology for an audio link or audiovisual
make technology
link available.”
for an audio link
or audiovisual
[Clause 25A(5), Schedule 7, LGA]
link available
23
2.22.7 Giving or
“A document may be given or shown to, or by, a person
showing
appearing at a meeting by way of audio link or audiovisual
documents to a
link—
person
(a) by transmitting it electronically; or
appearing at a
(b) by use of audiovisual link (if the person is appearing by
meeting by way
audiovisual link); or
of audio link or
(c) by any other manner that the person presiding thinks fit.”
audiovisual link
[Clause 25A(6), Schedule 7, LGA]
2.22.8 Local authority
“The local authority is not responsible for the consequences of
not responsible
any technological failure or defect in any audio link or
for the failure of
audiovisual link for a meeting.”
any audio link or
audiovisual link
[Clause 25A(1), Schedule 7, LGA]
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3 PART 3 MEETING PROCEDURES
3.1
APPLICATION OF STANDING ORDERS
3.1.1
All members to
“A member of a local authority must abide by the standing
abide by
orders adopted under clause 27 [of Schedule 7 of the Local
standing orders
Government Act 2002].”
[cl. 16(1), Schedule 7, LGA]
(See Standing Order 2.1.4)
3.1.2
Additional to or
Notwithstanding the generality of Standing Order
3, for any quasi-
substitution of
judicial proceedings, the local authority may adopt meeting
standing orders
procedures and practices additional to, or in substitution of these
standing orders for the conduct of the business to be transacted.
For example, committees appointed to hear applications under the
Resource Management Act have powers under the Commissions
of Inquiry Act 1908.
[s.41, RMA]
3.1.3
Exclusions for
At any meeting of a local authority, or of any committee or
meetings at
subcommittee of a local authority, at which no resolutions or
which no
decisions are made, the provisions of these standing orders
resolutions or
regarding public access and notification need not apply.
decisions are
made
For the avoidance of doubt, any provision of these standing orders
relating to the making of decisions and the passing of resolutions
does not apply to any meeting of the local authority or of any
committee or subcommittee or other subordinate decision-making
body of the local authority which has been properly constituted as
a meeting at which no resolutions or decisions are to be made
under the Local Government Act 2002 or the Local Government
Official Information and Meetings Act 1987.
3.2 SUSPENSION OF STANDING ORDERS
3.2.1
Temporary
A local authority or committee may temporarily suspend one or
suspension
more standing orders during a meeting by a vote of not less than
75% of the members present and voting. The reason for the
suspension and the specific order(s) suspended must be stated in
the resolution of suspension.
[cl. 27(4), Schedule 7, LGA]
(See Standing Order 2.1.3).
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3.3
CONDUCT OF MEETINGS
3.3.1 Mode of address
The Mayor shall be referred to in debate as either: ‘Mayor [Name]’
or ‘Your Worship’, and the chairperson of a committee or
subcommittee as ‘Chair’; or such other title as the Mayor or
chairperson may decide.
An elected member shal be referred to in debate as ‘Council or
[Name]’.
3.3.2 Chairperson to
The chairperson is to decide all questions:
decide
•
under these standing orders;
•
where these standing orders make no provision or
insufficient provision;
•
all points of order;
•
questions as to matters of meeting procedure.
Any ruling of the chairperson that a Standing Order deems to be
‘final’ may not be challenged.
3.3.3 Challenge of
Rulings not deemed ‘final’ in a standing order may be challenged
chairperson’s
by a member but such a challenge must be validated immediately
ruling
by a vote of not less than 75% of the members present and voting
unless specified otherwise in these standing orders.
(See Standing Orders 3, 3.14.7 and Appendices C and D)
3.3.4 Chairperson rising
Whenever the chairperson rises or speaks during a debate any
member then speaking or offering to speak is to be seated, and
members are to be silent so that the chairperson may be heard
without interruption.
3.3.5 Members to speak
Members granted the right to speak at meetings are to address
in places and
the chairperson, and may not leave their place while speaking
address the chair
without the leave of the chairperson. Members may remain seated
when speaking at committee meetings.
3.3.6 Priority of
When two or more members seek the right to speak, the
speakers
chairperson is to name the member who has the right to speak
first, provided that the following members shall have precedence,
where in order, when they state their intention to:
(a)
raise a point of order
(See Standing Order 3.17.1);
(b)
move a motion to terminate or adjourn the debate
(See
Standing Order 3.16.4);
(c)
make a point of explanation or request an indulgence of the
chairperson
(See Standing Order 3.10.12); or
(d)
request a time extension for the previous speaker (
see
Standing Order 3.10.6).
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3.3.7 Tabling papers
Any member, or the Chief Executive or a person participating in
Public Participation or making an oral submission may table
papers about any matter on the agenda at any meeting.
All tabled papers at public meetings shall be considered public
documents. Where a meeting is in public excluded session, any
table papers may not be disclosed.
(See Standing Order 2.20.1)
3.3.8 Reporting of
When a meeting of a local authority is open to the public the
meetings
following provisions shall apply:
(a)
Members of the public including members of the news
media are entitled to attend any meeting or any part of a
meeting and to report on the proceedings.
[s. 49(a) LGOIMA]
(b)
Any recording of meetings must be carried out in an
unobtrusive manner, and must not be distracting to
members.
(c)
Any recording of meetings must be notified to the
chairperson at the commencement of the meeting.
3.4
MAINTENANCE OF ORDER AT MEETINGS
3.4.1 Order
The chairperson wil establish order by cal ing “Order” to draw
attention to the call for order.
The members will respond to a call for order by ceasing to speak
and, if standing, resuming their seats immediately.
3.4.2 Speakers to be
Where the chairperson is of the view that a debate may lead to
heard in silence
disorder, the chairperson may direct that a speaker or speakers be
heard in silence by members.
3.4.3 Disorderly
Members called to order by the chairperson are to resume their
members to
seats and/or stop speaking, as the case may be. Should any
withdraw
member refuse to obey, such member may be directed by the
chairperson to withdraw from the meeting. Upon such direction,
any such member is to withdraw and must not be permitted to
return during the meeting, or any period of that meeting that the
chairperson may determine.
(see Appendices C and G).
3.4.4 Members not to be
No member of the local authority at any meeting may be
disrespectful
disrespectful in speech or use offensive or malicious language,
including in reference to the local authority, any other member, or
any officer or employee of the local authority. In addition, no
member may impute improper motives or make offensive remarks
about the private affairs of any other member of the local authority
or its staff.
27
3.4.5 Retraction of, or
The chairperson may call upon any member or speaker to
apology for,
withdraw any offensive or malicious expression and may require
offensive or
the member to apologise for the expression.
malicious
language
3.4.6 Withdrawal from
Any member who refuses to withdraw the expression or apologise,
meetings
if required by the chairperson, can be directed to withdraw from
the meeting for a time specified by the chairperson.
3.4.7 Disorder in
The chairperson may require any member whose conduct is
meetings
disorderly or who is creating a disturbance to withdraw
immediately from the meeting for a time specified by the
chairperson.
3.4.8 Adjournment of
Should the disorder continue, the chairperson has the right to
meeting following
adjourn the meeting for a time specified by the chairperson. At the
disorder
end of that period the meeting shall resume and decide without
debate the question as to whether the meeting shall proceed or be
adjourned. The chairperson may also take such action in relation
to disorder from other sources or in the event of an emergency.
The chairperson’s ruling is final.
3.4.9 Nature of disorder
If the chairperson makes a ruling on disorderly behaviour, the
may be recorded
records of the meeting will state the name of the member, the
directions of the chairperson and the reasons for the ruling made
by the chairperson.
3.4.10 Contempt to be
Any member who refuses to obey any final or validated order or
recorded in
ruling of the chairperson shall be held guilty of contempt.
minutes
Where a member is found in contempt that ruling or resolution of
the meeting must be recorded in the minutes.
3.4.11 Removal of
“A member of the police, or an officer or employee of the
members from
local authority, may, at the request of the chairperson,
meetings
remove or exclude a member from a meeting if that member
is required to leave the meeting by a ruling made under the
standing orders and that member –
(a)
refuses or fails to leave the meeting; or
(b)
having left the meeting, attempts to re-enter the
meeting without the permission of the chairperson.”
[cl. 16(2), Schedule 7, LGA]
3.5
MAINTENANCE OF PUBLIC ORDER AT MEETINGS
3.5.1 Chairperson may
The chairperson presiding at any meeting of the local authority
require members
may require any member of the public to leave the meeting if it is
of the public to
believed on reasonable grounds that the behaviour of that member
leave meeting
of the public is likely to prejudice the orderly conduct of the
meeting if that person is permitted to remain.
[s. 50, LGOIMA]
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3.5.2 Removal of
If any member of the public who is required in accordance with
members of the
Standing Order
3.5.1 to leave a meeting, refuses or fails to leave
public
the meeting or, having left the meeting, attempts to re-enter the
meeting without the permission of the chairperson, any police
officer or employee of the local authority may, at the request of the
chairperson, remove or exclude that member of the public from the
meeting.
3.6
QUORUM AT MEETINGS
3.6.1 Requirement for a
“A meeting is duly constituted if a quorum is present,
quorum
whether or not all of the members are voting or entitled to
vote.”
[cl. 23(1), Schedule 7, LGA]
3.6.2 Quorum to be
“Business may not be transacted at any meeting unless at
present
least a quorum of members is present during the whole of the
throughout
time at which the business is transacted.”
meeting
[cl. 23(2), Schedule 7, LGA]
3.6.3 Definition of
“The quorum at a meeting for local authority [or joint
quorum for local
committee] consists of –
authority or joint
committee
(a)
half of the members if the number of members
(including vacancies) is even; or
(b)
a majority of members if the number of members
(including vacancies) is odd.”
[cl. 23(3), Schedule 7, LGA]
3.6.4 Definition of
The quorum at a meeting of a committee of the whole is –
quorum for
committees of the
(a)
half of the members if the number of members (including
whole
vacancies) is even; or
(b)
a majority of members if the number of members (including
vacancies) is odd.
3.6.5 Definition of
The quorum at a meeting of other
committees will be included in
quorum to be
the Terms of Reference of that committee.
included in Terms
of Reference
(See Standing Order 2.5.5)
3.7
FAILURE OF QUORUM
3.7.1 Meeting lapses if
If a meeting is short of a quorum at its commencement, or falls
no quorum
short of a quorum, the business is to stand suspended and, if no
quorum is present within 15 minutes, the chairperson is to vacate
the chair and the meeting shall lapse.
29
3.7.2 Lapsed business
The business remaining to be disposed of following the lapsing of
a meeting is to stand adjourned until the next meeting unless an
earlier meeting is fixed by the chairperson and notified by the Chief
Executive.
3.7.3 Minutes to record
If a meeting lapses by reason of failure of a quorum, the names of
failure of quorum
the members then in attendance, and the fact of the lapse, are to
be recorded in the minutes.
3.8
LEAVE OF ABSENCE AND APOLOGIES
3.8.1 Granting leave of
The local authority may grant leave of absence to a member from
absence
a meeting or other meetings of the local authority or its committees
upon application by the member.
The member must apply to the Mayor or the Chief Executive for
the ‘Leave of Absence’ at least five working days prior to the first
ordinary meeting of the Council they will miss. The first ordinary
meeting of the Council following the application will grant or
decline the ‘Leave of Absence’ request.
3.8.2 Apologies at
If a member has not obtained leave of absence an apology may
meetings
be tendered on behalf of the member and the apology may be
accepted or declined by the local authority.
3.8.3 Recording of
The chairperson of each meeting must invite apologies at the
apologies
beginning of each meeting, including apologies for lateness, and
these and subsequent apologies during the meeting shall be
recorded in the minutes, including whether they were accepted or
declined, and the time of arrival and departure of all members.
3.8.4 Absence without
An extraordinary vacancy is created where any member is absent
leave
without leave of the Council from 4 consecutive meetings other
than extraordinary meetings of the Council.
[cl. 5, Schedule 7, LGA]
3.8.5 Members shall not
No member shall leave any meeting for any length of time without
leave the meeting
first advising the chairperson of their intention to do so. The period
of the member’s absence shall be recorded.
3.8.6 Temporary
The chairperson may, at any time, temporarily adjourn a meeting
adjournment of
for either:
meeting
•
up to one hour; or
•
until a conflicting meeting has ended or adjourned.
3.9
ORDER OF BUSINESS
3.9.1 Adoption of order
The order of business is to be determined by the local authority.
of business
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3.9.2 Agenda
The Chief Executive is to prepare for each meeting an agenda
listing and attaching information on the items of business to be
brought before the meeting so far as is known.
At the meeting the business is to be dealt with in the order in which
it stands on the agenda unless the chairperson accords
precedence to any business set down on the agenda.
If a member, or members, object to the re-ordering the matter shall
be put to a vote and decided by a majority of members present and
voting at the meeting.
3.9.3 Agenda listing for
The agenda listing for a meeting of the Council should allow for the
meetings of the
following:
Council
•
Apologies;
•
Confirmation of minutes;
•
Public Participation;
•
Announcements by the Mayor without discussion
•
Petitions
•
Conflict of Interest Declarations
•
General Business
•
Reports from Committees – Committee decisions requiring
Council approval
•
Reports from Committees – Committee decisions for
Council to note
•
Questions
•
Public Excluded Reports – General Business
•
Public Excluded Reports from Committees - Committee
decisions requiring Council approval.
(See Standing Order 3.9.2)
3.9.4 Public excluded
The Chief Executive must place on a public excluded agenda any
items
matters for which he/she considers the local authority or committee
of the local authority is likely in his/her opinion to wish to exclude
the public in terms of the Local Government Official Information
and Meetings Act 1987, provided that an indication of the subject
matter likely to be considered within the public excluded is placed
on the agenda available to the public.
3.9.5 Major items not on “An item that is not on the agenda for a meeting may be dealt
the agenda may
with at the meeting if –
be dealt with
(a)
the meeting, by resolution so decides; and
(b)
the presiding member explains at the meeting at a time
when it is open to the public, –
(i)
the reason why the item is not on the agenda; and
(ii)
the reason why the discussion of the item cannot
be delayed until a subsequent meeting.”
[s. 46A(7), LGOIMA]
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3.9.6 Minor items not
“Where an item is not on the agenda for a meeting, –
on the agenda
may be discussed
(a)
that item may be discussed at that meeting if –
(i)
That item is a minor matter relating to the general
business of the local authority; and
(ii)
The presiding member explains at the beginning
of the meeting, at a time when it is open to the
public, that the item will be discussed at the
meeting; but
(b)
no resolution, decision, or recommendation may be
made in respect of that item except to refer that item to
a subsequent meeting of the local authority for further
discussion.”
[s. 46A(7) & 46A(7A), LGOIMA]
3.10 RULES OF DEBATE
3.10.1
Reserving
A member may second a motion or amendment and may speak to
speech
it immediately after the mover or may reserve the right to speak
later in the debate.
A seconder of a motion has priority over any members (other than
the mover of the motion) on the speaking list for the motion or
amendment they have seconded.
3.10.2
Irrelevant
In speaking to any motion or amendment, members are to confine
matter and
their remarks strictly to such motion or amendment, and shall not
needless
introduce irrelevant matters or indulge in needless repetition. In
repetition
this matter, the chairperson’s ruling is final and is not open to
challenge.
3.10.3
Limitation on
If three speakers have spoken consecutively in support of, or in
speakers
opposition to a motion, the chairperson may call for a speaker to
the contrary. If no such speaker is forthcoming and after the
mover has had the right of reply, the motion must be put.
Members speaking must, if so called upon by the chairperson,
announce whether they are speaking in support of, or against the
motion or amendment being debated.
3.10.4
Taking down
When any member objects to words used and desires his/her
words
objection to be recorded in the minutes, the chairperson may
order the objection to be recorded, provided such objection be
made at the time the words were used and not after any other
members have spoken.
(See Standing Order 3.21.2).
3.10.5
Reading of
Members shall not read their speeches, except with the
speeches
permission of the chairperson, but may refresh their memory by
reference to notes.
32
3.10.6
Time limits on
The following time limits will apply during debate in a Council
speakers
meeting:
members may speak for up to three minutes during debate
(this includes the mover of a motion when introducing that
motion). This time may be extended by another minute if
there is no dissent from the meeting;
the mover of a motion when exercising their right of reply,
may speak for up to three minutes. This time may be
extended by up to a maximum of ten minutes at the
chairperson’s discretion;
the member presenting a report of a committee may speak
for no more than three minutes when introducing that
report. This time may be extended by up to a maximum ten
minutes at the chairperson’s discretion;
the Mayor may speak at any time for up to ten minutes.
There is no time limit on speaking during debate in committee and
subcommittee meetings.
3.10.7
Member
At a meeting of the Council, a member may not speak more than
speaking more once to a motion or amendment, except when exercising right of
than once
reply. This order does not apply to meetings of committees or
subcommittees.
3.10.8
Right of reply
The mover of an original motion or amendment has a right of
reply. After the mover has completed such reply, or has intimated
the wish to forego this right, the chairperson will put the motion to
the meeting.
Movers in reply are not to introduce any new matter nor
summarise the debate. Movers in reply must confine themselves
strictly to addressing questions or issues raised by previous
speakers.
33
3.10.9
When right of
The right of reply is governed as follows:
reply may be
exercised
(a)
the right of reply may only be used once for any motion or
amendment;
(b)
where no amendment has been moved, the mover may
reply at the conclusion of the discussion on the motion;
(c)
if there is an amendment,
(i)
the mover of the amendment may reply at the
conclusion of the discussion on the amendment;
(ii)
the mover of a foreshadowed amendment may reply
at the conclusion of the discussion on the
amendment if the foreshadowed amendment has
been debated;
(iii)
the mover of the original motion may make such reply
after the conclusion of the debate on such
amendment (or amendments), and after all members
who indicate they wish to speak to the original motion
have spoken. The mover of the original motion may
take part in the discussion upon subsequent
amendments.
3.10.10
Speaking only
Members may speak to any matter before the meeting or upon a
on relevant
motion or amendment to be proposed by themselves, or upon a
matters
point of order arising out of debate, but not otherwise.
3.10.11
Personal
With the permission of the chairperson, members may make a
explanation
personal explanation concerning any matters involving that
member, but such matters may not be debated.
The name of the member and matter on which they have
addressed the meeting are to be recorded in the minutes.
3.10.12
Explanation of
With the permission of the chairperson, explanation of some
previous
material part of a previous speech in the same debate may be
speech
given by a member who has already spoken, but new matter may
not be introduced.
3.10.13
Subsequent
Any reference by a member to a previous debate or resolution of
comments on
the
Council shall be brief and relevant to the motion under
resolutions
discussion.
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3.11 COMMUNITY BOARD TO SPEAK AT DEBATE
3.11.1
Community
When a motion under debate relates to a matter that a Community
Board to
Board considers to be of particular interest to the residents within
speak at
its community, the representative of the Community Board,
debate
nominated by resolution of the Board, may speak, as of right, at
Council, committee or subcommittee meetings when the motion is
under debate.
Such participation shall be subject to these Standing Orders.
3.12 MOTIONS AND AMENDMENTS
3.12.1
Any member
If the mover of an agenda items wishes to move an amendment
present may
to the motion, they must state at the time of moving the motion
move a motion
that it is being moved “pro-forma”, and following the seconding of
or amendment
the motion, immediately propose an amendment to the motion.
3.12.2
Requirement
All motions and amendments moved (including procedural
for a seconder
motions and notices of motion but excluding points of order) must
be seconded. Any motion proposed but not seconded will lapse,
will not be debated and will not be entered in the record.
3.12.3
Clarification of
Notwithstanding Standing Order
3.12.2, if the mover of a motion
motions or
or amendment agrees, the chairperson may move an amendment
amendments
to clarify the intent of a motion or amendment without the
requirement of a seconder.
The chairperson may move such a motion whether or not the
chairperson has already spoken to the motion or amendment.
3.12.4
Withdrawal of
Once motions or amendments have been seconded and put to
motions and
the meeting by the chairperson, they cannot be withdrawn without
amendments
the leave of the meeting. A motion to which an amendment has
been moved and seconded, cannot be withdrawn until the
amendment is withdrawn or lost.
3.12.5
Substituted
The meeting may allow a motion, which is subject to an
motion by
amendment, to be withdrawn and replaced by the amendment as
amendment
the substituted motion, provided the mover and seconder of the
original motion agree to the withdrawal of the original motion. In
such circumstances, members who have spoken to the original
motion may speak again to the substituted motion.
3.12.6
Motions in
The chairperson may require movers of motions or amendments
writing
to provide them in writing and provide their name.
3.12.7
Motions
The chairperson or any member may require a motion expressed
expressed in
in parts to be decided part by part.
parts
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3.12.8
Amendment
Except for reports from statutory hearing committees, when a
once moved
motion has been moved and seconded, then proposed by the
chairperson for discussion, an amendment may be moved or
seconded by any member who has not spoken to the motion,
whether an original motion or a substituted motion.
At a meeting of the Council, the mover or seconder of a motion
for the adoption of the report of a committee may, with the leave
of the meeting, only propose a minor amendment for the purpose
of clarifying the intent of the report to ensure appropriate process
is followed.
Notwithstanding the above, at a meeting of a committee, if the
mover of an agenda item states the items is being moved “pro-
forma”, the mover may also subsequently propose an
amendment to the motion.
3.12.9
Amendment to
When the Council is considering a recommendation resulting
statutory
from a statutory hearing process, no amendment may be moved
hearing reports other than:
(a)
by the chairperson of the committee making the report, or
the commissioner, or a member authorised by the
chairperson or commissioner to clarify or correct an error
or omission in the report; or
(b)
by the chairperson of the committee making the report or a
member authorised by the chairperson on behalf of the
committee unanimously.
3.12.10
Amendments
A proposed amendment in any meeting will not be accepted if it:
not accepted
(a)
is not directly relevant to the original motion; or
(b)
is in conflict with any amendment that has been carried; or
(c)
is in similar terms to an amendment that has been lost; or
(d)
would, if carried, negate a motion carried at a committee
meeting under its delegated authority; or
(e)
is in conflict with a substantive motion referred at that
meeting to the Council under Standing Ord
er 3.12.15 or
3.12.16; or
(f)
amounts to a direct negative of the substantive motion.
The chairperson’s ruling may be challenged and requires a vote
of not less than 75% of the members present and voting to be
overturned.
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3.12.11
Foreshadowing No further amendment may be allowed until the first amendment
amendments
is disposed of. Members may notify the chairperson of their
intention to move further amendments and the tenor of their
content. The
chairperson may ask if any member wishes to
second the foreshadowed amendment or motion. On disposal of
the amendment under discussion, foreshadowed amendments
may, at the discretion of the
chairperson or by a decision of a
majority of the meeting, be voted on without further debate. The
mover has a right of reply if the foreshadowed amendment is
debated.
3.12.12
Where
Where an amendment is lost, another may be moved and
amendment
seconded by any members who have not spoken to the motion,
lost
whether an original motion or substituted motion.
Movers and seconders of previous amendments which were lost
are regarded as having spoken to the motion only and are
entitled to speak to the new amendment, but are not entitled to
move or second the new amendment.
Standing Order
3.12.12 does not apply where the chairperson
moves an amendment to clarify the intent of a motion under
Standing Order
3.12.3.
3.12.13
Where
Where an amendment is carried, the motion as amended
amendment
becomes the substantive motion, and any member, other than
carried
previous movers or seconders in the debate, may then propose a
further amendment.
3.12.14
Procedure until The procedures in Standing Orders
3.12.8 and 3.12.11 must be
resolution
repeated until a resolution is adopted.
3.12.15
Referral of
A committee need not refer to the Council any motion that is
motion
covered in its Terms of Reference, Delegated Authorities or
which has been budgeted for in an Annual Plan or Business Plan
approved by the Council.
A committee may however, by majority decision, refer any motion
to the Council.
(See Standing Order 3.16.2)
3.12.16
Referral of
Notwithstanding Standing Order
3.12.15, where a substantive
motion lost
motion has been lost at a committee the motion may be referred
to the Council if at least three members make a formal request to
the chairperson, immediately after the motion is lost and prior to
the commencement of discussion on the next item on the
agenda. Where a committee consists of all the members of
Council, the motion may be referred to Council if at least six
members make a formal request to the chairperson, immediately
after the motion is lost and prior to the commencement of
discussion on the next item on the agenda.
At a Council meeting the chairperson of the relevant committee
shal move the lost motion ‘pro-forma’ and explain the nature of
the matter. The chairperson of the relevant committee has the
discretion to vote for or against the motion.
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3.12.17
Movers and
Movers and seconders of motions and amendments must be
seconders to
present for the duration of the discussion, and the vote, on that
be present
motion.
If the mover or seconder is not present, the chairperson must call
for another member to replace the absent member. If no member
will replace the absent member, the motion or amendment will
lapse and will not be discussed.
Lapsing of an amendment under Standing Ord
er 3.12.17 will not
cease discussion of the original motion.
The reason for the motion lapsing will be recorded in the minutes.
3.12.18
No speakers
Members may not speak on any motion once the mover has
after reply or
commenced replying or where the chairperson has commenced
question has
putting the question.
been put
3.12.19
Flow chart of
A flow chart illustrating the process regarding motions and
motions and
amendments is attached as Appendix E.
amendments
3.13
REVOCATION OR ALTERATION OF PREVIOUS RESOLUTION
3.13.1
Revocation or
A notice of motion for the revocation or alteration of all or part of a
alteration of
previous resolution of the local authority is to be given to the Chief
resolutions
Executive by the member intending to move such a motion.
(a)
Such notice is to set out:
(i)
The resolution or part thereof which it is proposed to
revoke or alter;
(ii)
The meeting date when it was passed; and
(iii)
The motion, if any, that is intended to be moved in
substitution thereof.
(b)
Such notice is to be given to the Chief Executive at least
seven clear working days before the meeting at which it is
proposed to consider such a motion and is to be signed by
not less than one third of the members of the local
authority, including vacancies.
(c)
The Chief Executive must then give members at least five
clear working days’ notice in writing of the intended motion
and of the meeting at which it is proposed to move such.
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3.13.2
Restrictions
Where a notice of motion has been given in terms of Standing
on action to
Order
3.13.1, no action which is irreversible may be taken under
be taken on
the resolution which is proposed for revocation or alteration until
previous
the proposed notice of motion has been dealt with by the local
resolution
authority, provided that if, in the opinion of the chairperson:
(a)
the practical effect of the delay would be equivalent to a
revocation of the resolution, or if;
(b)
by reason of repetitive notices the effect of the notice is an
attempt by a minority to frustrate the will of the local
authority
then, in either case, action may be taken as though no such notice
of the chief executive has been given or signed.
3.13.3
Revocation or
If, during the course of a meeting of the local authority, fresh facts
alteration of
or information are received concerning a matter already resolved
resolution at
at the meeting, the previous resolution may be revoked or altered
same meeting
by the consent of a majority of the members then present and
voting.
3.13.4
Local
A local authority meeting may, on a recommendation contained in
authority may
a report by the Chief Executive, or the report of any committee,
revoke or alter
revoke or alter all or part of resolutions previously passed at
any previous
meetings. At least two clear working days’ notice of any meeting
resolution
to consider such a proposal must be given to members,
accompanied by details of the proposal to be considered.
3.14 NOTICES OF MOTION
3.14.1
Notices of
A member wishing to have a matter considered should submit a
motion to be
notice of motion to the Council, relevant committee or
in writing
subcommittee. The item should be submitted in writing to the
Chief Executive four weeks prior to the specified meeting and be
signed by at least one third of the members of the local authority.
The Chief Executive shall arrange for a report on the item as
appropriate.
3.14.2
Item to be
Items submitted by members will be placed on the agenda of the
placed on
specified meeting, unless:
agenda
the chairperson refuses to accept the item raised for the
reasons set out in Standing Order
3.14.3; or
the chairperson of the relevant committee or subcommittee
decides to place the item on the agenda of the next meeting
(the chairperson will only be able to defer the item once); or
the Chief Executive, in consultation with the relevant
chairperson, decides to place the item on the agenda of a
different committee or subcommittee, if in the Chief
Executive’s opinion the item would be more appropriately
dealt with by another committee or subcommittee.
39
3.14.3
Refusal of
The chairperson may refuse to accept any item raised which:
matters raised
(a)
is disrespectful or which contains offensive language or
statements made with malice; or
(b)
is not related to the role or functions of the local authority; or
(c)
contains an ambiguity or a statement of fact or opinion
which cannot properly form part of an effective resolution,
and where the mover has declined to comply with such
requirements as the Chief Executive may make; or
(d)
is concerned with matters which are already the subject of
reports or recommendations from a committee to the
meeting concerned; or
(e)
is, in the opinion of the chairperson, to the same effect as a
previous resolution of the Council, committee or
subcommittee.
Reasons for refusing a matter raised should be provided to the
proposer and the ruling of the chairperson is final.
3.14.4
Mover of
Notices of motion may not proceed in the absence of the mover,
notice of
unless moved by another member.
motion
3.14.5
Alteration of
A notice of motion may be altered only by the mover with the
notice of
consent of the meeting.
motion
3.14.6
When notices
Notices of motion not moved on being called for by the
of motion
chairperson, shall lapse.
lapse
3.14.7
Referral of
Any notice of motion referring to any matter ordinarily dealt with by
notices of
a committee of the local authority may be referred to that
motion to
committee by the Chief Executive. Where such notices are so
committees
referred, the mover of the motion shall, if not a member of that
committee, have the right to move that motion, and of reply, as if a
committee member.
3.15 REPEAT NOTICES OF MOTION
3.15.1
First repeat
When a motion which is the subject of a notice of motion has been
where notice
considered and rejected by the local authority, a similar notice of
of motion
motion which, in the opinion of the chairperson, is substantially the
rejected
same in purport and effect may only be accepted within the next
six months if signed by a majority of all members, including
vacancies.
3.15.2
No repeats
Where a notice of motion has been considered and adopted by the
where notice
local authority, no notice of any other motion which is, in the
of motion
opinion of the chairperson, to the same effect may be put again
adopted
whilst such original motion stands. The chairperson’s ruling is final.
40
3.16 PROCEDURAL MOTIONS TO TERMINATE OR ADJOURN DEBATE
3.16.1
Procedural
Procedural motions may only be moved once an item has been
motions
moved and seconded and debate on an item on the agenda has
during debate
commenced.
3.16.2
Members may
Any member who has not spoken on the matter under debate,
move
may move any one of the following procedural motions to
procedural
terminate or adjourn debate, but not so as to interrupt a member
motions to
speaking:
terminate or
adjourn
(a)
that the meeting be adjourned to the next meeting, unless
debate
an alternative time and place is stated; or
(b)
that the item of business being discussed be adjourned to a
time and place to be stated; or
(c)
that the motion under debate be now put (a “closure
motion”); or
(d)
that the item of business being discussed be laid on the
table, and not be further discussed at that meeting; or
(e)
that the item of business being discussed be referred (or
referred back) to the relevant committee of the local
authority; or
(f)
that a motion under debate at committee be referred to the
next meeting of the local authority.
3.16.3
Procedural
All procedural motions will be determined by a majority of those
motions to be
members present and voting, except the procedural motion to put
determined
the motion (a closure motion) which will be carried only by a vote
of not less than 75% of the members present and voting.
3.16.4
Procedural
Procedural motions to terminate or adjourn debate take
motions to
precedence over other business, other than points of order, and
terminate or
shall, if seconded, be put to the vote immediately without
adjourn
discussion or debate.
debate to take
precedence
3.16.5
Voting on
All procedural motions to terminate or adjourn debate must be
procedural
determined by a majority of those members present and voting. If
motions to
lost, a further procedural motion to terminate or adjourn debate,
terminate or
may not be moved by any member until another three members
adjourn
have spoken.
debate
3.16.6
Closure
When an amendment to a motion is under debate, a closure
motion on
motion relates to the amendment and not to the motion.
amendments
3.16.7
Right of replay If a closure motion is carried, the mover of the motion then under
following
debate is entitled to the right of reply, and the motion or
closure
amendment under debate is then to be put.
41
3.16.8
Debate on
The debate on adjourned items of business is to be resumed with
items
the mover of such adjournment being entitled to speak first in the
previously
debate.
adjourned
At a Council meeting, members who have already spoken in the
debate may not speak again.
3.16.9
Adjourned
Adjourned items of business are to be taken first at the
items taken
subsequent meeting in the class of business to which they belong.
first
3.16.10
Other
The carrying of any motion to adjourn a meeting shall not
business not
supersede other business before the meeting remaining to be
superseded
disposed of, and such other business is to be considered at the
next meeting.
3.16.11
Referral or
Business referred, or referred back, to a specified committee is to
referred back
be considered at the next meeting of that committee, unless
to committee
otherwise specified.
3.16.12
Table of
A table of procedural motions is included in this Standard as
procedural
Appendix F.
motions
3.17 POINTS OF ORDER
3.17.1
Members
Any member may rise to speak to a point of order upon any
rising to
breach of these Standing Orders and that member shall have
points of order precedence to be heard.
For clarification, no seconder is required for points of order.
3.17.2
Subject matter
The member shall refer to the specific Standing Order when
to be stated
raising a point of order. This does not require the quoting of the
when raising
Standing Order number. The member raising the point of order
point of order
shall simply and precisely state the subject matter of the point of
order.
3.17.3
Points of order No point of order may be raised during a vote except by the
during division permission of the chairperson.
3.17.4
Points of order A second point of order may not be raised until the first has been
to be dealt
resolved.
with
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3.17.5
Types of
Points of order can only be used only in the following
points of order circumstances:
(a) to draw to the attention of the chairperson disorder in the
meeting; or
(b) to prevent the use of disrespectful, offensive or malicious
language; or
(c) to prevent discussion of a question not before the meeting;
or
(d) to point out misrepresentation of any statement made by a
member or by an officer or employee of the local authority at
the current meeting; or
(e) to alert the meeting to a breach of any standing order; or
(f) to request that words objected to be recorded in the minutes;
or
(g) to prevent a motion or amendment relating to substantially
the same issue considered by Council or committee within
the previous 6 months unless the motion is raised through
Standing Orders 3.13 or 3.14.
3.17.6
Contradiction
Rising to express a difference of opinion or to contradict a
not point of
statement of a previous speaker does not constitute a point of
order
order.
3.17.7
Decision of
The chairperson may decide on any point of order immediately
chairperson
after it has been raised by any member, or may first hear further
final
comment before deciding. The ruling of the chairperson upon any
point of order is not open to any discussion and is final.
3.18 VOTING
3.18.1
Decisions to
“[Unless the Local Government Act 2002 provides otherwise],
be decided by
the acts of a local authority must be done, and the questions
majority votes
before the local authority must be decided, at a meeting by –
(a)
vote; and
(b)
the majority of members that are present and voting".
[cl. 24(1), Schedule 7, LGA]
(See Standing Order 2.6.1)
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3.18.2
Casting voting “For the purposes of [Standing Order 3.18.1], the Mayor or
chairperson or other person presiding at the meeting:
(a)
has a deliberative vote; and”
(b)
in the case of an equality of votes, has a casting vote.
[cl. 24(2), Schedule 7, LGA]
(See Standing Order 2.6.2)
3.18.3
Open voting
“An act or question coming before the local authority must be
done or decided by open voting”.
[cl. 24(3), Schedule 7, LGA]
(See Standing Order 2.6.3)
3.18.4
Members
Every member present when a motion is put must vote unless
must vote
they are prevented from doing so by a conflict of interest (either
pecuniary or non-pecuniary.
3.18.5
Members may
Any member’s vote must be recorded in the minutes if so
have their
requested by that member.
votes
recorded
3.18.6
Method of
The method of voting shall be as follows:
voting
(a)
The chairperson in putting the motion shall call for an
expression of opinion on the voices or take a show of
hands, the result of either of which, as announced by the
chairperson, shall be conclusive unless such
announcement is questioned immediately by any member,
in which event the chairperson shall call a division.
(b)
The chairperson or any member may call for a division
instead of or after receiving opinion on the voices and
taking a show of hands.
(c)
Where a suitable electronic voting system is available, that
system may be used instead of a show of hands, vote by
voices or division, and the result displayed shall be notified
to the chairperson who shall declare the result.
(d)
At a meeting of the Council, all voting shall be by division.
3.18.7
Division
When a division is called, the Chief Executive shall take down the
names of the members voting for and against the motion and is to
hand the list to the chairperson to declare the result. The result of
the division shall be entered into the minutes.
3.18.8
Second
The chairperson may call a second division where there is
division
confusion or error in the original division, unless the same can be
otherwise corrected.
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3.19
PECUNIARY INTEREST AND CONFLICTS OF INTEREST
3.19.1
Pecuniary
No members may vote or take part in the discussion of any matter
interest
at any meeting where they, directly or indirectly, have any
pecuniary interest as defined in law, other than an interest in
common with the public.
[s. 6(1), Local Authorities (Members’ Interests) Act]
3.19.2
Declaration of
Every member present when any matter is raised in which they
pecuniary
directly or indirectly have a pecuniary interest, apart from any
interest
interest in common with the public, is under a duty to fully declare
any such interest to the meeting. This disclosure and the
subsequent abstention of such members from both discussion
and voting on the item, is to be recorded in the minutes.
[s. 6(1), Local Authorities (Members’ Interests) Act]
3.19.3
Pecuniary
Members who have declared a pecuniary interest in matters to be
interest a
discussed under Standing Order
3.19.2, should consider leaving
reason for
the meeting room for the full duration of discussion on such
leaving the
matters.
room
3.19.4
Declaration of
Every member present when any matter is raised in which they
conflict of
directly or indirectly have a conflict of interest (other than a
interest
pecuniary interest), apart from any interest in common with the
public, is under a duty to fully declare any such interest to the
meeting.
This disclosure and the subsequent abstention of such members
from both discussion and voting on the item, is to be recorded in
the minutes.
3.19.5
Conflict of
Where a member declares a conflict of interest under Standing
interest
Order
3.19.4 on any matter, that member may not take part in the
discussion or vote on the matter and the declaration and
subsequent abstention shall be recorded in the minutes, but they
shall not be required to leave the room for that matter.
3.20
QUALIFIED PRIVILEGE
3.20.1
Qualified
Where a meeting of any local authority is open to the public during
privilege
the proceedings or any part thereof, and a member of the public is
relating to
supplied with a copy of the agenda for the meeting or any part of
agenda and
the minutes of that meeting are provided, the publication of any
minutes
defamatory matter included in the agenda or in the minutes is
privileged unless the publication is proved to have been made with
ill will or taking improper advantage of the publication.
[s. 52, LGOIMA]
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3.20.2
Qualified
Any oral statement made at any meeting of a local authority in
privilege
accordance with the rules that have been adopted by that local
relating to oral authority for the guidance and order of its proceedings, is
statements
privileged, unless the statement is proved to have been made with
ill will or taking improper advantage of the publication.
[s. 53, LGOIMA]
3.20.3
Qualified
The privilege conferred by Standing Order
3.20.2 is in addition to,
privilege
and not in substitution for, or derogation of any other privilege,
additional to
whether absolute or qualified, that applies, by virtue of any other
any other
enactment or rule of law, to the proceedings of any local authority.
provisions
3.21 MINUTES OF PROCEEDINGS
3.21.1
Minutes to be
“A local authority must keep minutes of its proceedings.
evidence of
proceedings
Minutes of proceedings duly entered and authenticated as
prescribed by a local authority are prima facie evidence of
those proceedings.”
[cl. 28, Schedule 7, LGA]
3.21.2
Keeping of
The Chief Executive or his/her designated representative must
minutes
keep the minutes of meetings. The minutes must record -
The date, time and venue of the meeting;
The names of those members present;
The names of those members attending the meeting by
means of an audio link or audiovisual link,
Identification of the chairperson;
Apologies tendered and accepted;
Arrival and departure times of members;
Any failure of a quorum;
A list of speakers in the public participation section of the
meeting and the topics they cover;
A list of items considered; resolutions and amendments
pertaining to those items including clarity where the
resolutions differ from the report recommendations;
Any objections to words used;
All divisions taken;
Names of any members requesting the recording of their
abstentions or votes ;
Any personal explanation made by a member;
Declarations of conflicts of interest and their nature;
Contempt, censure and removal of any members;
Resolutions to exclude members of the public; and
The time that the meeting concludes or adjourns.
(See Standing Orders 2.18.3, 2.21 3.4.10, 3.4.11, 3.7.3, 3.8.3,
3.8.5, 3.10.4, 3.18.5, 3.19.3 and 3.19.5).
3.21.3
Minutes of
The record of the business taken in the public excluded session
business
shall be
kept separately.
taken in public
excluded
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3.21.4
Authentication
Minutes of a meeting shall be entered and authenticated at a
of minutes
succeeding meeting of the local authority or committee. The
relevant chair shall sign the record, including any agreed
amendments, when approved by the meeting.
3.21.5
No discussion
No discussion may arise on the substance of minutes except as
on minutes
to their correctness.
3.22 MINUTE BOOKS
3.22.1
Inspection of
The minute books of the local authority must be kept by the Chief
minute books
Executive and be open to inspection in accordance with the Local
Government Official Information and Meetings Act 1987 and the
Local Government Act 2002.
[s.51, LGOIMA]
(See Standing Order 2.17.12 and 2.17.13)
3.22.2
Minutes of last The chairperson of the relevant meeting of a committee or the
meeting
Council and the Chief Executive shall authenticate the minutes of
before
the last meeting of a local authority prior to the next election of
election
members.
3.23 PUBLIC PARTICIPATION
3.23.1
No public
There shall be no public participation at the first meeting of the
participation
Council following its election.
at certain
meetings
3.23.2
Agenda to
A maximum of 60 minutes will be set aside for public participation
provide for
at the commencement of any meeting of the Council or committee
public
that is open to the public. This may be extended at the discretion
participation
of the chairperson.
The public participation procedure does not apply in respect of
any hearing, including the hearing of submissions where the local
authority, committee or subcommittee sits in a quasi-judicial
capacity.
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3.23.3
Public
Public participation may be received by the local authority or any of
participation
its committees provided a written, oral or electronic application to
where heard
address the meeting setting forth the subject, has been lodged
with the Chief Executive by 12:00 noon of the working day prior to
the meeting concerned, and has been subsequently approved by
the chairperson.
The chairperson may refuse requests for public participation:
(a)
that are repetitious or offensive;
(b)
where the person or group of people with a specific purpose
or common view an interest group or organisation has been
heard on the same item at committee prior to it being
referred to Council for decision;
(c)
where the person or group of people with a specific purpose
or common view an interest group or organisation has been
heard on the same item at a subcommittee prior to it being
referred to a committee for consideration or decision;
(d)
where the public participation relates to a matter that is
subject to a statutory hearing process currently before the
Council.
(e)
Where the item does not fall within the scope of the agenda
for a Council meeting;
(f)
Where meetings are scheduled for the purpose of oral
hearings only.
Provided that if public participaton is declined under € that the
Chairperson refers the public participant to the relevant
Committee.
3.23.4
Public
Public participation will not permitted in relation to the following
participation
agenda items for a meeting:
not allowed
for certain
(a)
minutes being presented to a meeting for authentication; or
business
(b)
reports that set out recommendations arising from a
statutory hearing process.
3.23.5
Urgency or
Notwithstanding Standing Order
3.23.1 or 3.23.3, where in the
major public
opinion of the chairperson the matter which is the subject of
interest
application to address a meeting is one of urgency or major public
interest, the chairperson may determine that the public
participation be received.
3.23.6
Procedures
After public participation from a speaker is received, members
for public
may put to the speaker any question pertinent to the subject
participation
heard, but no member may express an opinion upon, or discuss
the subject, until the speaker has completed making their address
and answering questions.
(See Standing Order 3.20.2 regarding qualified privilege)
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3.23.7
Termination of
The chairperson may terminate an address in progress which is
address if
disrespectful or offensive, or where the chairperson has reason to
disrespectful
believe that statements have been made with malice.
(See Standing Order 3.20.2 regarding qualified privilege)
3.23.8
Time limit on
A limit of five minutes is placed on any individual speaker
public
addressing a meeting, or if there is an address by a group of
participation
people with a specific purpose or common view, an interest group
or organisation addressing the meeting, ten minutes in total for all
speakers.
The time limit for a speaker may be extended at the discretion of
the chairperson.
3.24 PETITIONS
3.24.1
Form of
Any person may present a petition on behalf of the petitioners, and
petitions
when called by the chairperson, shall state only the purpose of the
petition, the nature of the parties from whom it comes, and the
number of signatures attached.
3.24.2
Petition where Any member of the local authority, who presents a petition on
presented by
behalf of the petitioners, is to confine himself/herself to reading the
members
petition and the statement of the parties from which it comes, and
the number of signatures attached to it.
3.24.3
Petition where Where a petition is presented by a petitioner, unless the local
presented by
authority determines otherwise, a limit of five minutes is placed on
petitioner
that person.
(See Standing Orders 3.20.1 and 3.20.2 regarding qualified
privilege)
If the chairperson has reason to believe that the petitioner is
disrespectful or offensive, or has made statements with malice, the
chairperson shall terminate presentation of the petition.
3.24.4
Meeting to
Once a petition has been presented the meeting shall decide what
decide further
further action is to be taken on the issues set out in the petition.
action
3.25 QUESTIONS
3.25.1
Questions
Officers may, at the request of the chairperson, present an item on
regarding
the agenda of any committee. Any member may ask any question
items on an
of the relevant officer on any matter relating to the item being
agenda
presented.
In the course of any debate at any local authority meeting, any
member may, at the chairperson’s discretion, ask any question of
the relevant officer on any matter under debate. Such questions
are to be directed through the chairperson.
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3.25.2
Questions on
Members may raise a question on any matter relevant to the
other matters
functions of the Council that does not appear on the agenda or
arise from any report submitted to the Council for that meeting.
Before putting a question the member shall, in the first instance,
endeavour to obtain the relevant information from the appropriate
Officer or the chairperson of the relevant committee.
All questions must be received by the Mayor and Chief Executive
no later than 24 hours prior to the start of a meeting.
Both questions and answers shall be concise. If possible, an
answer to the question shall be given by the relevant officer orally
at that meeting. Both the question and the answer will be noted in
the records. There shall be no discussion to follow the answer.
If an answer to the question cannot be given at that meeting, the
question shall be noted in the records and both the question and
the answer shall be circulated to all members and attached to the
minutes.
The Mayor may rule a question out of order if it is considered to:
have no relation to Council affairs,
be frivolous, vexatious, or offensive, or
be a statement not requiring an answer.
(See Standing Ord
er 3.9.3)
3.26 INFORMATION TO MEMBERS
3.26.1
Information to
Information required by members for the conduct of Council (or
members
closely related business) shall be supplied to them by the Chief
Executive.
Copies of such information shall also be supplied by the Chief
Executive to the chairperson of the committee or subcommittee
concerned and to the Mayor.
No information so obtained by any member shall be used for any
purpose other than for the proper discharge of that member’s
functions and responsibilities.
No such information shall be used in discussion at any meeting
unless the source of such information is disclosed by the member
using it.
50
APPENDIX A
GROUNDS TO EXCLUDE THE PUBLIC FROM MEETINGS IN TERMS OF
THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS
ACT 1987
(Normative)
A local authority may by resolution exclude the public from the whole or any part of the
proceedings of any meeting only on one or more of the following grounds:
A1 That the public conduct of the whole or the relevant part of the proceedings of the meeting
would be likely to result in the disclosure of information where such disclosure would be
likely:
(a) to prejudice the maintenance of the law, including the prevention, investigation, and
detection of offences, and the right to a fair trial; or
(b) to endanger the safety of any person.
A2 That the public conduct of the whole or the relevant part of the proceedings of the meeting
would be likely to result in the disclosure of information where the withholding of the
information is necessary to:
(a) protect the privacy of natural persons, including that of deceased natural persons; or
(b) protect information where the making available of the information:
(i) would disclose a trade secret; or
(ii) would be likely unreasonably to prejudice the commercial position of the person
who supplied or who is the subject of the information; or
(c) in the case only of an application for a resource consent, or water conservation order,
or a requirement for a designation or heritage order, under the Resource
Management Act 1991, to avoid serious offence to tikanga Mäori, or to avoid the
disclosure of the location of wähi tapu; or
(d) protect information which is subject to an obligation of confidence or which any
person has been or could be compelled to provide under the authority of any
enactment, where the making available of the information:
(i) would be likely to prejudice the supply of similar information, or information from
the same source, and it is in the public interest that such information should
continue to be supplied; or
(ii) would be likely otherwise to damage the public interest; or
(e) avoid prejudice to measures protecting the health or safety of members of the public;
or
(f) avoid prejudice to measures that prevent or mitigate material loss to members of the
public; or
(g) maintain the effective conduct of public affairs through the protection of members,
officers or employees of any local authority from improper pressure or harassment; or
(h) maintain legal professional privilege; or
(i) enable the local authority holding the information to carry out, without prejudice or
disadvantage, commercial activities; or
(j) enable the local authority holding the information to carry on, without prejudice or
disadvantage, negotiations (including commercial and industrial negotiations); or
51
APPENDIX A
(k) prevent the disclosure or use of official information for improper gain or improper
advantage.
Provided that where A2 of this Appendix applies the public may be excluded, unless, in the
circumstances of the particular case, the exclusion of the public is outweighed by other
considerations which render it desirable, in the public interest, that the public not be
excluded.
A3 That the public conduct of the whole or the relevant part of the proceedings of the meeting
would be likely to result in the disclosure of information, the public disclosure of which
would:
(a) be contrary to the provisions of a specified enactment; or
(b) constitute contempt of Court or of the House of Representatives.
A4 That the purpose of the whole or the relevant part of the proceedings of the meeting is to
consider a recommendation made to the local authority by an Ombudsman under section
30(1) or section 38(3) of the Local Government Official Information and Meetings Act 1987
(in the case of a local authority named or specified in the First Schedule to this Act).
A5 That the exclusion of the public from the whole or the relevant part of the proceedings of
the meeting is necessary to enable the local authority to deliberate in private on its
decision or recommendation in:
(a) any proceedings before a local authority where:
(i) a right of appeal lies to any Court or Tribunal against the final decision of the
local authority in those proceedings; or
(ii) the local authority is required, by any enactment, to make a recommendation in
respect of the matter that is the subject of those proceedings; and
(b) any proceedings of a local authority in relation to any application or objection under
the Marine Farming Act 1971.
52
APPENDIX C
SAMPLE RESOLUTION TO EXCLUDE THE PUBLIC
(Informative)
Section 48, Local Government Official Information and Meetings Act 1987.
“I move that the public be excluded from the following parts of the proceedings of this
meeting.”
The general subject of each matter to be considered while the public is excluded, the reason for
passing this resolution in relation to each matter and the specific grounds under section 48(1) of
the Local Government Official Information and Meetings Act 1987 for the passing of this
resolution are as follows:
Item
Minutes/report of:
General subject
Reason for passing
Ground(s)
no
of each matter
this resolution
under section
to be considered
in relation to each
48(1) for the
matter
passing of this
resolution
1.
Report of the Chair
Appointment of
Good reason to
Section 48(1)(a)
of the Strategy and
Directors – City
withhold exists under
Finance Committee
Services Limited
section 7
2.
Report of the
North Connection to
Good reason to
Section 48(1)(a)
Sustainable
Smith Road. Purchase
withhold exists under
Transport and
of Land
section 7
Utilities Committee
Meeting of
24/12/2003
3.
Report of the
Property Purchase –
Good reason to
Section 48(1)(a)
Chairperson of the
20 Smith Street
withhold exists under
Parks, Gardens and
section 7
Waterways
Committee
4.
Report of the Council Recommendation on
Good reason to
Section 48(1)(a)
Hearings Panel
Submissions to
withhold exists under
Variation 100 to City
section 7
Proposed District Plan
This resolution is made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests protected by section 6
or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of
the proceedings of the meeting in public are as follows:
Item No:
1
Protection of privacy of natural persons
(Section 7(2)(a))
2, 3
Conduct of negotiations
(Section 7(2)(i))
4
Prevention of improper advantage
(Section 7(2)(j))
NOTE –
Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as
follows:
“(
4) Every resolution to exclude the public shall be put at a time when the meeting is
open to the public, and the text of that resolution (or copies thereof):
(a)
shall be available to any member of the public who is present; and
(b)
shall form part of the minutes of the local authority.”
53
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APPENDIX C
POWERS OF THE CHAIRPERSON
(Normative)
This Appendix is intended to separately set out the chairperson’s powers which are contained in
various parts of Standing Orders.
The provisions in the Standing Orders shall be authoritative. The relevant Standing Orders are
referred to in brackets.
CHAIRPERSON TO DECIDE
C1. Chairperson to decide
The chairperson is to decide all questions under these Standing Orders, including
where these standing orders make no provision or insufficient provision. No ruling of the
chairperson is open to debate.
(See Standing Order 3.3.2)
C2.
Chairperson’s rulings
Any member who refuses to accept a ruling of the chairperson, may be required by the
chairperson to withdraw from the meeting for a specified time.
(See Standing Orders 3 and 3.3.2)
C3.
Challenge of Chairpersons ruling
Any ruling of the chairperson that a Standing Order deems final may not be challenged.
A member may challenge a ruling of the chairperson not deemed final, but such a
challenge must be validated immediately by a vote of not less than 75% of the members
present and voting unless specified otherwise.
(See Standing Order 3.3.3)
C4.
Chairperson to decide points of order
The chairperson is to decide any point of order and may do so immediately after it has
been raised or may first hear further argument before deciding. The ruling of the
chairperson upon any point of order is not open to any discussion and is final. No point
of order may be raised during a vote except by permission of the chairperson.
(See Standing Orders 3.17.3 and 3.17.7)
AGENDA
C5.
Order of items on agenda
At the meeting the business is to be dealt with in the order in which it stands on the
agenda unless the chairperson accords precedence to any business set down on the
agenda. If a member, or members, object to the re-ordering the matter shall be put to a
vote and decided by a majority of members present and voting at the meeting.
(See Standing Order 3.9.2)
C6.
Items not on the agenda
Major items not on the agenda may be dealt with at that meeting if so resolved by the
local authority and the chairperson explains at the meeting at a time when it is open to
the public the reason why the item was not listed on the agenda and the reason why
discussion of the item cannot be delayed until a subsequent meeting.
Minor matters not on the agenda relating to the general business of the local authority
may be discussed if the chairperson explains at the beginning of the meeting, at a time
when it is open to the public, that the item will be discussed at that meeting, but no
resolution, decision or recommendation may be made in respect of that item except to
refer it to a subsequent meeting.
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APPENDIX C
(See Standing Orders 3.9.5 and 3.9.6)
VOTING
C7.
Chairperson’s voting
The chairperson at any meeting has a deliberative vote and, in the case of equality of
votes, has a casting vote.
(See Standing Order 2.6.2 and 3.18.2)
C8.
Requirement for seconder
With the agreement of the mover of a motion, the chairperson may move an
amendment without requirement for a seconder to clarify the intent of the motion.
(See Standing Order 3.12.3)
DEBATE
C9.
Order
The chairperson will establish order by calling “Order” to draw attention to the call for order.
(See Standing Order 3.4.1)
C10.
Chairperson rising
Whenever the chairperson rises during a debate any member then speaking or offering
to speak is to be seated and members are to be silent so that the chairperson may be
heard without interruption.
(See Standing Order 3.3.4)
C11.
Members may leave places
The chairperson may permit members to leave their place while speaking.
(See Standing Order 3.3.5)
C12.
Priority of speakers
The chairperson shall determine the order in which members may speak when two or
more members indicate their wish to speak.
(See Standing Order 3.3.6)
C13.
Irrelevant matter and needless repetition
The chairperson’s ruling preventing members when speaking to any motion or
amendment from introducing irrelevant matters or indulging in needless repetition is
final and not open to challenge.
(See Standing Order 3.10.2)
C14.
Limitation on speakers
If three speakers have spoken consecutively in support of, or in opposition to a motion,
the chairperson may call for a speaker to the contrary. Members speaking must, if so
called upon by the chairperson, announce whether they are speaking in support of, or
against the motion or amendment being debated.
(See Standing Order 3.10.3)
C15.
Taking down words
The chairperson may order words used and objected to by any member, to be recorded
in the minutes, provided such objection is made at the time the words are used and not
after any other members have spoken.
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APPENDIX C
(See Standing Order 3.10.4)
C16.
Reading of speeches
The chairperson may permit members who request permission to do so, to read their
speeches.
(See Standing Order 3.10.5)
C17.
Time limits on speakers
The chairperson may decide any extension of the time limits on speakers specified in
Standing Orders
(See Standing Order 3.10.6)
C18.
Explanations
The chairperson may permit members to make a personal explanation in addition to
speaking to a motion, and members who have already spoken, to explain some material
part of a previous speech in the same debate.
(See Standing Orders 3.10.11 and 3.10.12)
MOTIONS AND AMENDMENTS
C19.
Motion in writing
The chairperson may require the mover of any motion or amendment to submit it in
writing signed by the mover.
(See Standing Order 3.12.6)
C20.
Motion in parts
The chairperson may require any motion expressed in parts to be decided part by part.
(See Standing Order 3.12.7)
C21.
Amendments not accepted
The chairperson may not accept an amendment to a motion if it is not directly relevant
to the original motion; or is in conflict with any amendment that has been carried; or is in
similar terms to an amendment that has been lost; or would, if carried, negate a motion
carried at a committee meeting under its delegated authority; or is in conflict with a
substantive motion referred at that meeting to the Council under Standing Order
3.12.15
or 3.12.16; or amounts to a direct negative of the substantive motion.
(See Standing Order 3.12.10)
C22.
Notice of motion
The chairperson may refuse to accept any notice of motion which:
(a) is disrespectful or which contains offensive language or statements made with
malice; or
(b) is not within the scope of the role or functions of the local authority; or
(c) contains an ambiguity or statement of fact or opinion which cannot properly form
part of an effective resolution, and the mover has declined to comply with such
requirements as the Chief Executive may have made; or
(d) is concerned with matters which are already the subject of reports or
recommendations from a committee to the meeting concerned.
Reasons for refusing a notice of motion should be provided to the proposer.
Where a notice of motion has been considered and agreed by the local authority, no
notice of any other motion which is, in the opinion of the chairperson, to the same effect
may be put again whilst such original motion stands.
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APPENDIX C
(See Standing Orders 3.14.3)
C23.
Action on previous resolutions
If in the opinion of the chairperson the practical effect of a delay in taking action on a
resolution which is subject to a notice of motion, until the proposed notice of motion has
been dealt with by the local authority, would be equivalent to revocation of the
resolution, or if repetitive notices of motion are considered by the chairperson to be an
attempt by a minority to frustrate the will of the local authority, action may be taken as
though no such notice had been given.
(See Standing Order 3.13.2)
C24.
Repeat notice of motion
If in the opinion of the chairperson, a notice of motion is substantially the same in
purport and effect to any previous notice of motion which has been considered and
rejected by the local authority, no such notice of motion may be accepted within six
months of consideration of the first notice of motion unless signed by not less than one
third of the members of the local authority, including vacancies.
(See Standing Order 3.15.3)
CALLING OR ADJOURNING A MEETING
C25.
Chairperson may call a meeting
The chairperson:
(a) may call a meeting to dispose of the business to be transacted following the lapsing
of a meeting due to failure of a quorum, if such business cannot be delayed until the
next meeting;
(b) may requisition an extraordinary meeting to be held at a specified time and place, in
order to conduct specified business;
(See Standing Orders 3.7.2 and 2.16.1)
C26.
Temporary Adjournment
The chairperson may, at any time, temporarily adjourn a meeting for up to one hour or
until a conflicting meeting has ended or adjourned.
(See Standing Order 3.8.6)
AUTHENTICATING MINUTES
C27.
Minutes
The chairperson is to sign the minutes and proceedings of every meeting once
confirmed. The chairperson and Chief Executive are responsible for confirming the
correctness of the minutes of the last meeting of a local authority prior to the next
election of members.
(See Standing Orders 3.21.1, 3.21.4 and 3.22.2)
PUBLIC PARTICIPATION AND PETITIONS
C28.
Public participation
The chairperson must approve requests to address a meeting. The chairperson may
refuse requests for public participation that are considered repetitious or offensive or
where the request is from a person or group that has addressed a committee or
subcommittee on the same subject prior to it being referred to the Council for a decision
or where the matter is subject to a statutory hearing process currently before the
Council.
(See Standing Order 3.23.3)
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APPENDIX C
C29.
Notice period
The chairperson may determine public participation is received where insufficient notice
is given if the matter is sufficiently urgent or of major public interest.
(See Standing Order 3.23.5)
C30.
Extension of time for public participation
The chairperson may extend the total time for public participation at the commencement
of any meeting and may extend the time limit for speaking for an individual or group of
speakers.
(See Standing Orders 3.23.2 and 3.23.8)
C31.
Questions of speakers
The chairperson may permit members to ask questions of speakers under public
participation for the purpose of obtaining information or clarification on matters raised by
the speaker.
(See Standing Order 3.23.6)
C32.
Termination of address
The chairperson may terminate an address in progress by a speaker as part of public
participation or when presenting a petition which is disrespectful or offensive or where
the chairperson has reason to believe that statements have been made with malice.
(See Standing Order 2.23.7 and 3.24.3)
DISORDERLY BEHAVIOUR
C33.
Speakers to be heard in silence
Where the chairperson is of the view that a debate may lead to disorder, the
chairperson may direct that a speaker or speakers be heard in silence by members.
(See Standing Order 3.4.2.)
C34.
Withdrawal of offensive or malicious expressions
(a) The chairperson may call upon any member to withdraw any offensive or malicious
expression and may require the member to apologise for the expression.
(See Standing Order 3.4.5)
(b) Any member who refuses to withdraw the expression or apologise, if required by
the chairperson, can be directed to withdraw from the meeting for a time specified
by the chairperson.
(See Standing Order 3.4.6)
C35.
Disorderly behaviour
The chairperson may:
(a)
require any member or member of the public whose conduct is disorderly or
who is creating a disturbance, to withdraw immediately from the meeting for a
time specified by the chairperson;
(See Standing Orders 3.4.3, 3.4.6 and 3.5.1
(b)
ask the meeting to hold in contempt, any member whose conduct is grossly
disorderly and where the meeting resolves to find the member in contempt, that
resolution must be recorded in the minutes.
(See Standing Orders 3.4.10)
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APPENDIX C
C36.
Failure to leave meeting
If a member or member of the public who is required, in accordance with a
chairperson’s ruling, to leave the meeting, refuses or fails to do so, or having left the
meeting, attempts to re-enter without the permission of the chairperson, any member of
the police or officer or employee of the local authority may, at the chairperson’s request,
remove or exclude that person from the meeting.
(See Standing Orders 3.4.11 and 3.5.2)
C37.
Adjournment of meeting following disorder
The chairperson may adjourn a meeting for a specified time following disorder.
(See Standing Order 3.4.8)
59
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APPENDIX D
CHAIRPERSON’S RULINGS
(Normative)
Standing Order
3.3.2 provides for the chairperson to make rulings. Any ruling of the chairperson
is deemed final unless deemed otherwise in these Standing Orders. Standing Ord
er 3.3.3
provides for challenge of the chairs ruling unless deemed final.
Challenge of the chairperson’s ruling must be immediately validated by a vote of the meeting.
Standing Orders prescribes whether the validation is by simple majority or by a vote of not less
than 75% of the members present and voting.
Standing Order – Ruling provisions
Status of ruling
Open to challenge by a vote of not less than
3.4.3 Disorderly members to withdraw
75% of the members present and voting
3.4.5 Retraction of, or apology for,
Open to challenge by a vote of not less than
offensive or malicious language
75% of the members present and voting
Open to challenge by a vote of not less than
3.4.6 Withdrawal from meetings
75% of the members present and voting
3.4.8 Adjournment of meeting following
Final
disorder
Open to challenge by a vote of not less than
3.8.6 Temporary adjournment of meeting
75% of the members present and voting
Open to challenge by a simple majority vote of
3.9.2 Agenda (re-ordering of)
the members present and voting
3.10.2 Irrelevant matter and needless
Final
repetition
Open to challenge by a vote of not less than
3.10.6 Time limits on speakers
75% of the members present and voting
Open to challenge by a vote of not less than
3.10.11 Personal explanation
75% of the members present and voting
Open to challenge by a vote of not less than
3.10.12 Explanation of previous speech
75% of the members present and voting
Open to challenge by a vote of not less than
3.12.6 Motions in writing
75% of the members present and voting
3.12.7 Motions expressed in parts to be
Open to challenge by a vote of not less than
decided in parts
75% of the members present and voting
Open to challenge by a vote of not less than
3.12.10 Amendments not accepted
75% of the members present and voting
3.14.3 Refusal of matters raised in notice of
Final
motion
3.15.2 No repeats where notice of motion
Final
adopted
Open to challenge by a vote of not less than
3.16.3 Procedural motions to be determined
75% of the members present and voting
3.17.7 Points of Order
Final
3.5.1 Chairperson may require members of
Open to challenge by a vote of not less than
the public to leave meeting
75% of the members present and voting
3.23.7 Termination of address if
Open to challenge by a vote of not less than
disrespectful
75% of the members present and voting
60
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APPENDIX E
MOTIONS AND AMENDMENTS
(Normative)
MOTIONS
WITHOUT
MOTIONS WITH
AMEN
DMENTS
AMENDMENTS
Motion proposed
(SO 3.10.6, 3.12.1)
Motion seconded
Seconder may reserve the right to
speak later in the debate
(SO 3.10.1, 3.12.2)
Motion discussed
If 3 consecutive speakers in support
Motion withdrawn by leave of
or opposition, chairperson may call
the meeting
for speaker to the contrary and if
(SO 3.12.4)
none, the motion shall be put
(SO 3.10.3, 3.10.6)
Amendment (not direct
negative) proposed and
Mover’s right of reply
seconded by persons who
(SO 3.10.8, 3.10.9)
have not yet spoken
(SO 3.12.8, 3.12.9, 3.12.10)
Chairperson to put the motion
Amendment discussed
Motion CARRIED or LOST
If 3 consecutive speakers in support
or opposition, chairperson may call
Amendment withdrawn by a
No further discussion
for speaker to the contrary and if
leave of the meeting
permitted
none, and after ‘right of reply’ by
(SO 3.12.4)
(SO 3.12.18)
mover, the motion shall be put
(SO 3.10.3)
Revocation, alteration or
modification permitted at
Notice of intention to move
same meeting by majority
further amendment may be
vote if fresh facts received
given
during meeting
(SO 3.13.3)
Mover of original motion may
exercise right of reply here
(SO 3.10.8, 3.10.9)
Chairperson to put
amendment
Amendment CARRIED
Amendment LOST
(SO 3.12.13)
(SO 3.12.12)
Becomes substantive motion
Further relevant amendments
proposed and seconded by
Further relevant amendments
persons who have not yet
proposed and seconded by
spoken
persons other than previous
(SO 3.12.8, 3.12.11)
movers and seconders and
discussed
If CARRIED becomes
(SO 3.12.8, 3.12.11)
substantive motion
If CARRIED substantive
motion put and CARRIED or
If LOST original motion put
LOST
and CARRIED or LOST
61
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APPENDIX F
TABLE OF PROCEDURAL MOTIONS
(Normative)
(See Standing Orders 3.16.1 to 3.16.12 and 3.17.1 to 3.17.7)
Motion
Has the
Is
Is
Are
Is mover of Are
Can a
If lost,
Position if
Position if
Remarks
Chair
seconder discussion amendments procedural previous
speaker be can
an
a
discretion required? in order?
in order?
motion
participant
interrupted motion be amendment procedural
to refuse
entitled to
s in debate by the
moved
is already
motion is
this
reply?
entitled to
mover of
after an
before the
already
motion?
move this
this
interval?
Chair
before the
motion?
motion?
Chair
(a) “That the
No
Yes
No
As to time and No
No
No
Yes – 15
If carried,
If carried,
On resumption
meeting be
date only.
minutes.
debate on
debate on
of debate, the
adjourned to
the original
the original mover of the
the next
motion and
motion and adjournment
ordinary
amendment procedural
speaks first.
meeting, or to
are
motion are
Members who
a stated time
adjourned.
adjourned.
have already
and place.”
spoken in the
debate may not
speak again.
(b) “That the item No
Yes
No
As to time and No
No
No
Yes – 15
If carried,
If carried,
of business
date only.
minutes.
debate on
debate on
being
the original
the original
discussed be
motion and
motion and
adjourned to
amendment procedural
a stated time
are
motion are
and place.”
adjourned.
adjourned.
62
APPENDIX F
Motion
Has the
Is
Is
Are
Is mover of Are
Can a
If lost,
Position if
Position if
Remarks
Chair
seconder discussion amendments procedural previous
speaker be can
an
a
discretion required? in order?
in order?
motion
participant
interrupted motion be amendment procedural
to refuse
entitled to
s in debate by the
moved
is already
motion is
this
reply?
entitled to
mover of
after an
before the
already
motion?
move this
this
interval?
Chair
before the
motion?
motion?
Chair
(c) “That the
No
Yes
No
No
No
No
No
Yes – 15
If carried,
If carried,
The mover of
motion under
minutes.
only the
only the
the motion
debate be
amendment procedural
under debate is
now put
is put.
motion is
entitled to
(closure
put.
exercise a right
motion).”
of reply before
the motion or
amendment
under debate is
put.
(d) “That the
No
Yes
No
No
No
No
No
Yes – 15
If carried,
If carried,
meeting
minutes.
debate on
debate on
move directly
the original
the original
to the next
motion and
motion and
business,
amendment procedural
superseding
are
motion are
the item
adjourned.
adjourned.
under
discussion.”
(e) “That the item No
Yes
No
No
No
No
No
Yes – 15
If carried,
Motion not
of business
minutes.
the original
in order.
being
motion and
discussed
amendment
does lie on
are
the table and
adjourned.
not be farther
discussed at
this meeting.”
63
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APPENDIX F
Motion
Has the
Is
Is
Are
Is mover of Are
Can a
If lost,
Position if
Position if
Remarks
Chair
seconder discussion amendments procedural previous
speaker be can
an
a
discretion required? in order?
in order?
motion
participant
interrupted motion be amendment procedural
to refuse
entitled to
s in debate by the
moved
is already
motion is
this
reply?
entitled to
mover of
after an
before the
already
motion?
move this
this
interval?
Chair
before the
motion?
motion?
Chair
(f) “That the item No
Yes
No
As to
No
No
No
Yes – 15
If carried,
If carried,
of business
committee,
minutes.
the original
the
being
time for
motion and
procedural
discussed be
reporting back
all
motion is
referred to
etc. only.
amendment
deemed
the relevant
s are
disposed of.
committee.”
referred to
the
committee.
(g) “Points of
No – but
No
Yes – at
No
No
Yes
Yes
No
Point of
Point of
See Standing
order.”
may rule
discretion of
order takes
order takes
Order
s 3.17.1 to
against.
Chairperson
precedence. precedence.
3.17.7
64
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APPENDIX G
PROCESS FOR REMOVING A MEMBER
(Normative)
No member of the local authority at any meeting
The chairperson will establish order by calling
may be disrespectful in speech or use offensive
“Order” to draw attention to the cal for order.
or malicious language.
The members will respond to a call for order by
No member may impute improper motives or
ceasing to speak and, if standing, resuming
make offensive remarks about the private affairs
their seats immediately.
of any other member of the local authority or its
(Standing Order 3.4.1)
staff.
(Standing Order 3.4.4)
Should any member refuse to obey a call to
The chairperson may call upon any member or
order, such member may be directed by the
speaker to withdraw any offensive or malicious
chairperson to withdraw from the meeting for a
expression and may require the member to
period determined by the chairperson.
apologise for the expression.
(Standing Order 3.4.3)
(Standing Order 3.4.5)
Any member who refuses to withdraw the
The chairperson may require any member
expression or apologise, if required by the
whose conduct is disorderly or who is creating a
chairperson, can be directed to withdraw from
disturbance to withdraw immediately from the
the meeting for a time specified by the
meeting for a time specified by the chairperson.
chairperson.
(Standing Order 3.4.7)
(Standing Order 3.4.6)
The chairperson will say
“Councillor [name], you have been warned about your (describe behaviour). You are
refusing to comply with my direction and therefore refusing to comply with Standing
Orders. You are required by the Local Government Act 2002 to abide by Standing
Orders. I now under Standing Order (specify SO 3.4.3, 3.4.5 or 3.4.7) require you to
withdraw from the meeting until (specify time).”
The chairperson’s ruling may be chal enged by a member and such a challenge must be immediately
validated by a vote of not less than 75% of the members present and voting.
Any member who refuses to obey any validated order or ruling of the chairperson shall be guilty of
contempt.
(Standing Order 3.4.10)
If the chairperson makes a ruling on disorderly behaviour, the records of the meeting will state the name of
the member, the directions of the chairperson and the reasons for the ruling made by the chairperson.
(Standing Order 3.4.9 and 3.4.10)
Should the disorder continue, the chairperson has the right to adjourn the meeting for a time specified
by the chairperson. At the end of that period the meeting shall resume and decide without debate the
question as to whether the meeting shall proceed or be adjourned. The chairperson may also take
such action in relation to disorder from other sources or in the event of an emergency. The chair’s
ruling is final.
(Standing Order 3.4.8, 3.4.11)
65
DETAILED CONTENTS
Application of standing orders
Giving or showing documents to a person
appearing at a meeting by way of audio
Additional to or substitution of standing
link or audiovisual link
21
orders
25
Local authority not required to make
All members to abide by standing orders
technology for an audio link or
25
audiovisual link available
21
Exclusions for meetings at which no
Local authority not responsible for the
resolutions or decisions are made
25
failure of any audio link or audiovisual
Application of standing orders to public
link
22
excluded session
19
Meetings to which Standing Order 2.21.2
Standing orders to apply
19
applies
20
Appointment of chairperson of a
Member not physically present at
committee
10
meeting not to be counted as present
for the purposes of quorum
21
Appointment of chairperson by committee
10
Prior arrangements to enable a member
of a local authority, or of a committee
Appointment of chairperson by Mayor 10
of a local authority to attend any
Appointment of chairperson of
meeting of the local authority of
committees by Council
10
committee by means of audio link or
audiovisual link under Standing Order
Appointment of committees and other
2.21
20
subordinate decision-making bodies 8
Statutory provision for attendance at
Appointment of committees,
meetings by audio link or audiovisual
subcommittees, and other subordinate
link
19
decision-making bodies
9
Attendance at meetings by members of
Committees and subordinate decision-
the public at meetings of the local
making bodies must have Terms of
authority or of any committee of the
Reference
9
local authority by audio link or
Committees and subordinate decision-
audiovisual link
22
making bodies subject to direction of
Definitions for the purposes of this
local authority
9
Standing Order
22
Discharge or reconstitution of
Duties of the person presiding where a
committees, subcommittees, and other
person other than a member of a local
subordinate decision-making bodies 9
authority or committee participates in a
Mayor may appoint committees
8
meeting under Standing Order 2.22 23
Appointment of Deputy Mayor
4
Giving or showing documents to a person
appearing at a meeting by way of audio
Mayor may appoint a Deputy Mayor
4
link or audiovisual link
24
Mayor must give notice of intention
4
Local authority not required to make
Attendance at meetings by members of
technology for an audio link or
the local authority or of any committee
audiovisual link available
23
of the local authority by audio link or
Local authority not responsible for the
audiovisual link
19
failure of any audio link or audiovisual
Definitions for the purposes of this
link
24
Standing Order
20
Meetings to which Standing Order 2.22
Duties of the person presiding where a
applies
22
member of a local authority, or of a
Prior arrangements to enable a person
committee of a local authority,
other than a member of a local
participates in a meeting under
authority or committee to participate in
Standing Order 2.21
21
a meeting under Standing Order 2.22
23
66
Statutory provision for attendance at
Alteration of standing orders
4
meetings by audio link or audiovisual
Requirement for the adoption of standing
link
22
orders
4
Chairperson of meetings
6
Temporary suspension of standing orders
Chairperson of the committee to preside 6
4
Mayor of local authority to preside
6
Joint committees
10
Community board to speak at debate
Application to a public body that is not a
local authority
10
Community Board to speak at debate 35
Appointment of joint committees
10
Community Board to speak at debate 35
Conduct of meetings
26
Powers and responsibilities of joint
committees
10
Chairperson rising
26
Status of joint committees
10
Chairperson to decide
26
Challenge of chairperson’s ruling
Leave of absence and apologies
30
26
Absence without leave
30
Members to speak in places and address
the chair
26
Apologies at meetings
30
Mode of address
26
Granting leave of absence
30
Priority of speakers
26
Members shall not leave the meeting 30
Reporting of meetings
27
Recording of apologies
30
Tabling papers
27
Temporary adjournment of meeting
30
Definitions
1
Maintenance of order at meetings
27
Failure of quorum
29
Adjournment of meeting following
Lapsed business
30
disorder
28
Meeting lapses if no quorum
29
Contempt to be recorded in minutes
28
Minutes to record failure of quorum
30
Disorder in meetings
28
First meeting of the local authority
Disorderly members to withdraw
27
following election
4
Members not to be disrespectful
27
Business to be conducted
5
Nature of disorder may be recorded
28
Meeting called by Chief Executive
5
Order
27
General provisions as to meetings
13
Removal of members from meetings
28
Agenda to be sent to members
13
Retraction of, or apology for, offensive or
Callling, public notification and conduct of
malicious language
28
meetings
13
Speakers to be heard in silence
27
Meetings not invalid because notice not
Withdrawal from meetings
28
received
14
Maintenance of public order at meetings
Meetings to be held
13
28
Member attendance at committee
13
Chairperson may require members of the
Minutes of proceedings
14
public to leave meeting
28
Right to attend meetings
13
Removal of members of the public
29
Information to members
50
Membership of committees and
subcommittees
11
Information to members
50
Appointment or discharge of committee
Interpretation
1
members and subcommittee members
Introduction
4
11
All members to abide by standing orders4
67
Elected members on committees and
Alteration of notice of motion
40
subcommittees
11
Item to be placed on agenda
39
Local authority may replace members if
Mover of notice of motion
40
committee not discharged
11
Notices of motion to be in writing
39
Mayor an ex-officio member
11
Referral of notices of motion to
Minimum numbers on committees and
committees
40
subcommittees
11
Refusal of matters raised
40
Minute books
47
When notices of motion lapse
40
Inspection of minute books
47
Notification of extraordinary meetings to
Minutes of last meeting before election 47
members
15
Minutes of proceedings
46
Calling of extraordinary meetings at
Authentication of minutes
47
earlier time
15
Keeping of minutes
46
Extraordinary meetings may be called 15
Minutes of business taken in public
Notification of extraordinary meetings
excluded
46
held at earlier time
15
Minutes to be evidence of proceedings 46
Notification of extraordinary meetings to
members
15
No discussion on minutes
47
Public notice of resolutions of
Motions and amendments
35
extraordinary meetings
16
Amendment once moved
36
Notification of ordinary meetings to
Amendment to statutory hearing reports
members
14
36
Cancellation of scheduled meetings
14
Amendments not accepted
36
Period for notice in writing
14
Any member present may move a motion
Schedule of meetings
14
or amendment
35
Order of business
30
Clarification of motions or amendments35
Adoption of order of business
30
Flow chart of motions and amendments
38
Agenda
31
Foreshadowing amendments
37
Agenda listing for meetings of the Council
31
Motions expressed in parts
35
Major items not on the agenda may be
Motions in writing
35
dealt with
31
Movers and seconders to be present 38
Minor items not on the agenda may be
No speakers after reply or question has
discussed
32
been put
38
Public excluded items
31
Procedure until resolution
37
Pecuniary interest and conflicts of
Referral of motion
37
interest
45
Referral of motion lost
37
Conflict of interest
45
Requirement for a seconder
35
Declaration of conflict of interest
45
Substituted motion by amendment
35
Declaration of pecuniary interest
45
Where amendment carried
37
Pecuniary interest
45
Where amendment lost
37
Pecuniary interest a reason for leaving
the room
45
Withdrawal of motions and amendments
35
Petitions
49
Notices of motion
39
Form of petitions
49
68
Meeting to decide further action
49
Meetings normally to be open to the
public
16
Petition where presented by members 49
Meetings not invalid because not publicly
Petition where presented by petitioner 49
notified
17
Points of order
42
Public notice of meetings not notified 17
Contradiction not point of order
43
Public notification about extraordinary
Decision of chairperson final
43
meetings
16
Members rising to points of order
42
Public notification about meetings
16
Points of order during division
42
Public notification additional requirements
17
Points of order to be dealt with
42
Requests for minutes of meetings in
Subject matter to be stated when raising
closed session
18
point of order
42
Public meetings, access to agendas etc.
Types of points of order
43
Agenda to be made available to public
Powers of delegation
11
who are at meetings
18
Delegations to committees,
Exclusion from reports to be discussed
subcommittees, subordinate decision-
with public excluded
17
making bodies, community boards,
members and officers
11
List of committee members publicly
available
18
Use of delegated powers
12
Public entitled to inspect minutes
18
Procedural motions to terminate or
adjourn debate
41
Public participation
47
Adjourned items taken first
42
Agenda to provide for public participation
47
Closure motion on amendments
41
No public participation at certain
Debate on items previously adjourned 42
meetings
47
Members may move procedural motions
Procedures for public participation
48
to terminate or adjourn debate
41
Public participation not allowed for certain
Other business not superseded
42
business
48
Procedural motions during debate
41
Public participation where heard
48
Procedural motions to be determined 41
Termination of address if disrespectful 49
Procedural motions to terminate or
Time limit on public participation
49
adjourn debate to take precedence 41
Urgency or major public interest
48
Referral or referred back to committee 42
Qualified privilege
45
Right of replay following closure
41
Qualified privilege additional to any other
Table of procedural motions
42
provisions
46
Voting on procedural motions to
Qualified privilege relating to agenda and
terminate or adjourn debate
41
minutes
45
Proceedings not invalidated by
Qualified privilege relating to oral
vacancies or irregularities
13
statements
46
Proceedings not invalidated by vacancies
Questions
49
or irregularities
13
Questions on other matters
50
Public meetings, access to agendas etc
16
Questions regarding items on an agenda
49
Availability of agendas and reports
17
Quorum at meetings
6, 29
Information to be available to the public
16
69
Definition of quorum for committees of
Limitation on speakers
32
the whole
29
Member speaking more than once
33
Definition of quorum for local authority or
Personal explanation
34
joint committee
29
Reading of speeches
32
Definition of quorum to be included in
Terms of Reference
29
Reserving speech
32
Quorum to be present throughout
Right of reply
33
meeting
29
Speaking only on relevant matters
34
Requirement for a quorum
29
Subsequent comments on resolutions 34
Quorum at Meetings
Taking down words
32
Definition of quorum for committees of
Time limits on speakers
33
the whole
7
When right of reply may be exercised 34
Definition of quorum of local authority or
joint committee
6
Scope and general
1
Suspension of standing orders
25
Definition of quorum to be in Terms of
Reference
7
Temporary suspension
25
Quorum to be present throughout
Use of public excluded information
19
meeting
6
Public excluded business not to be
Requirement for quorum
6
disclosed
19
Reasons to exclude public
18
Voting
43
Form of resolutions to exclude public 18
Casting voting
44
Lawful reasons to exclude public
18
Decisions to be decided by majority votes
43
Motion to exclude public to be put with
the public present
18
Division
44
Provision for persons to remain after
Members may have their votes recorded
public excluded
19
44
Release of public excluded information 19
Members must vote
44
Repeat notices of motion
40
Method of voting
44
First repeat where notice of motion
Open voting
44
rejected
40
Second division
44
No repeats where notice of motion
adopted
40
Voting at meetings
7
Revocation or alteration of previous
Acts and decision of the local authority by
resolution
38
majority vote at meetings
7
Local authority may revoke or alter any
Casting vote
7
previous resolution
39
Members must vote
7
Restrictions on action to be taken on
Open voting
7
previous resolution
39
Voting systems for certain appointments
Revocation or alteration of resolution at
8
same meeting
39
Exclusions to requirements for voting
Revocation or alteration of resolutions 38
system
8
Rules of debate
32
Provisions for election or appointment of
Explanation of previous speech
34
Deputy Mayor, chairpersons and
deputy chairperson of local authorities
Irrelevant matter and needless repetition
and committee, and representatives of
32
the local authority
8
70
Document Outline